In re X Trust v [2002] JLR 377 (13 June 2002)
- Citation
- [2002] JLR 377
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trust Application / Judgment
More details
- Posture
- Trust Application / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
It is not a fraud on the trustees' power to make a distribution to a beneficiary under a discretionary trust to enable compliance with a financial provision order on divorce, even if the non-beneficiary wife ultimately benefits from the funds released.
Court disposition
Application granted
Orders
- Trustees may make the distribution to the beneficiary as requested
02
Material facts
Parties
X Trust
Applicant(Unnamed beneficiary)
Beneficiary(Unnamed wife)
Non Beneficiary03
Procedural history
Posture
Trust Application / Judgment
04
Questions and positions
Legal issues
Whether a distribution by trustees to a beneficiary under a discretionary trust, enabling compliance with a financial provision order on divorce, constitutes a fraud on the trustees' power when the non-beneficiary wife ultimately benefits
Party arguments
- Applicant
- The trustees are entitled to make a distribution to the beneficiary to enable compliance with a financial provision order on divorce, and this does not constitute a fraud on their power even if the non-beneficiary wife ultimately benefits.
- Respondent
- It is a fraud on the trustees' power to make a distribution to a beneficiary under a discretionary trust if the ultimate benefit accrues to a non-beneficiary, such as the wife in divorce proceedings.
05
Court’s reasoning
Legal principles
- 01
[2002] JLR 377
A distribution by trustees to a beneficiary under a discretionary trust, enabling compliance with a financial provision order on divorce, is not a fraud on the power merely because a non-beneficiary wife ultimately benefits from the funds released.
06
Ratio, limits and disposition
Ratio decidendi
It is not a fraud on the trustees' power to make a distribution to a beneficiary under a discretionary trust to enable compliance with a financial provision order on divorce, even if the non-beneficiary wife ultimately benefits from the funds released.
Court disposition
Application granted
- Trustees may make the distribution to the beneficiary as requested
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> In re X Trust v [2002] JLR 377 (13 June 2002) URL: https://www.bailii.org/je/cases/JLR/2002/JLR020377.html Cite as: [2002] JLR 377 [ New search ] [ Help ] In re X Trust v 2002 JLR 377 (13 June 2002) Trusts-powers and duties of trustees-fraud on power-may make distribution to beneficiary under discretionary trust enabling him to comply with financial provision order on divorce-not fraud on power merely because non-beneficiary wife ultimately benefits from funds released 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: 2002 JLR 377 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2002/JLR020377.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.