Jersey Judgment

In re Y Trust v [2011] JLR_Note 34 (04 August 2011)

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01

Holding and result

The court's decision turns on whether the trustees' proposed exercise of discretion is within their powers and for a proper purpose.

Court disposition

Application for sanction considered

02

Material facts

Parties

Y Trust

Applicant

03

Procedural history

  1. Posture

    Trust Application / Application for Court Sanction

04

Questions and positions

Legal issues

Whether the court should sanction the trustees' exercise of discretion in a discretionary trust

Party arguments

Applicant
The trustees seek the court's sanction for the exercise of their discretion under the terms of the discretionary trust.

05

Court’s reasoning

  1. 01

    Jersey trust law

    The court may be asked to sanction the exercise of discretion by trustees in a discretionary trust.

06

Ratio, limits and disposition

Ratio decidendi

The court's decision turns on whether the trustees' proposed exercise of discretion is within their powers and for a proper purpose.

Court disposition

Application for sanction considered

Source and reliance status

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Source document

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Judgment

Judgment

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