In re T Settlement v [2002] JLR 204 (06 February 2002)

In re T Settlement v [2002] JLR 204 (06 February 2002)

The court held that it may infer that a moral obligation unanimously accepted by adult beneficiaries is also accepted by minor and unborn beneficiaries, and that such discharge constitutes a 'benefit' under the statute.

Citation
[2002] JLR 204
Parties
Applicant: In re T Settlement
Jurisdiction
Jersey
Judgment Date
06 February 2002
Procedural Posture
Trust Variation Application / Judgment
Outcome
Application granted
Legal Topics
Variation of Trusts, Benefit of Minors, Moral Obligation
Trusts Variation of Trusts Benefit of Minors Moral Obligation

Case Brief

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Parties

In re T Settlement

Applicant

Procedural Posture

Trust Variation Application / Judgment

Legal Issues

  1. 1 Whether the court may vary a trust under Trust (Jersey) Law 1984, art. 43 for the benefit of minor and unborn beneficiaries
  2. 2 Whether 'benefit' includes discharge of a moral obligation

Ratio Decidendi

The court held that it may infer that a moral obligation unanimously accepted by adult beneficiaries is also accepted by minor and unborn beneficiaries, and that such discharge constitutes a 'benefit' under the statute.

Court Disposition

Application granted

Orders

  • Trust varied as sought for the benefit of minor and unborn beneficiaries