Jersey Judgment

In re X Trust v [2002] JLR 377 (13 June 2002)

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Source document

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 Beneficiary

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2002] JLR 377

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