In re Tantular v [2014] 2 JLR 25 (10 June 2014)
- Citation
- [2014] 2 JLR 25
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application for Saisie Judiciaire / Ruling
More details
- Posture
- Application for Saisie Judiciaire / Ruling
On this page
Professional case brief
Research organized from the available case record
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/offender03
Procedural history
Posture
Application for Saisie Judiciaire / Ruling
04
Questions and positions
Legal issues
- 01
Whether a beneficiary of a discretionary trust is 'beneficially entitled' to trust assets for purposes of art. 2(1)(b)(iii) of the Proceeds of Crime (Jersey) Law 1999
- 02
Whether trust assets are realisable property of the beneficiary for the purpose of granting saisie judiciaire
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
Legal principles
- 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.
- 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
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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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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