Jersey Judgment

In re Tantular v [2014] 2 JLR 25 (10 June 2014)

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Professional case brief

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Source document

01

Holding and result

Trust assets are not the realisable property of a discretionary beneficiary; therefore, saisie judiciaire cannot be granted over them solely on the basis of beneficiary status.

Court disposition

application refused

Orders

  • No saisie judiciaire granted over trust assets

02

Material facts

Parties

Tantular

Beneficiary/offender

03

Procedural history

  1. Posture

    Application for Saisie Judiciaire / Ruling

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant sought saisie judiciaire over trust assets on the basis that the offender was a beneficiary.
Respondent
Respondent argued that the beneficiary was not 'beneficially entitled' to the assets and therefore the assets were not realisable property under the law.

05

Court’s reasoning

  1. 01

    Proceeds of Crime (Jersey) Law 1999, art. 2(1)(b)(iii)

    A beneficiary of a discretionary trust is not 'beneficially entitled' to trust assets for purposes of art. 2(1)(b)(iii) of the Proceeds of Crime (Jersey) Law 1999.

  2. 02

    Proceeds of Crime (Jersey) Law 1999, art. 16

    Court cannot grant saisie judiciaire over trust assets merely because offender is a beneficiary.

06

Ratio, limits and disposition

Ratio decidendi

Trust assets are not the realisable property of a discretionary beneficiary; therefore, saisie judiciaire cannot be granted over them solely on the basis of beneficiary status.

Court disposition

application refused

  • No saisie judiciaire granted over trust assets

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2014] 2 JLR 25

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BAILII >> Databases >> Jersey Law Reports >> In re Tantular v [2014] 2 JLR 25 (10 June 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142025.html Cite as: [2014] 2 JLR 25 [ New search ] [ Help ] In re Tantular v 2014 (2) JLR 25 (10 June 2014) Trusts-discretionary trusts-beneficial interest-beneficiary not "beneficially entitled" to trust assets for purposes of art. 2(1)(b)(iii) of modified Proceeds of Crime (Jersey) Law 1999-assets not beneficiary's realisable property and court cannot grant saisie judiciaire over them (under art. 16 of 1999 Law) merely because offender is beneficiary The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (2) JLR 25 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142025.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Proceeds of Crime (Jersey) Law 1999

Legislation

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