Jersey Judgment

In re Y Trust v [2014] 1 JLR 199 (28 January 2014)

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Source document

01

Holding and result

The court approved the trustee's refusal to disclose trust information to a non-beneficiary, finding the decision was made in good faith, was reasonable, and there was no conflict of interest. The court stated it would have made the same decision exercising its own discretion.

Court disposition

Trustee's decision sanctioned

Orders

  • Trustee's refusal to disclose trust information to non-beneficiary approved

02

Material facts

Parties

Y Trust

Trustee

Non-beneficiary applicant

Applicant

03

Procedural history

  1. Posture

    Trust Application / Sanction of Trustee's Decision

04

Questions and positions

Legal issues

Party arguments

Applicant
The non-beneficiary sought disclosure of trust information for the purposes of a claim against the settlor.
Respondent
The trustee refused disclosure, asserting the decision was made in good faith, was reasonable, and there was no conflict of interest.

05

Court’s reasoning

  1. 01

    Jersey trust law

    A trustee's decision will be sanctioned if made in good faith, is reasonable, and there is no conflict of interest.

  2. 02

    Jersey trust law

    Uncertainty exists as to whether the court should exercise its own discretion or merely review the trustee's decision on disclosure applications.

06

Ratio, limits and disposition

Ratio decidendi

The court approved the trustee's refusal to disclose trust information to a non-beneficiary, finding the decision was made in good faith, was reasonable, and there was no conflict of interest. The court stated it would have made the same decision exercising its own discretion.

Obiter and limits

  • Until the issue of the court's function on disclosure applications is resolved, the court is likely to exercise its own discretion in the interests of beneficiaries.

Court disposition

Trustee's decision sanctioned

  • Trustee's refusal to disclose trust information to non-beneficiary approved

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2014] 1 JLR 199

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BAILII >> Databases >> Jersey Law Reports >> In re Y Trust v [2014] 1 JLR 199 (28 January 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR141199.html Cite as: [2014] 1 JLR 199 [ New search ] [ Help ] In re Y Trust v 2014 (1) JLR 199 (28 January 2014) Trusts-powers and duties of trustees-exercise of discretion-sanction of court-trustee's decision to refuse to disclose trust information to non-beneficiary (for purposes of claim against settlor) approved as (a) made in good faith; (b) reasonable; and (c) no conflict of interest; and court would have made same decision exercising own discretion-uncertain whether court's function on disclosure applications is to exercise own discretion or review trustee's decision-until issue resolved, court likely to exercise own discretion, in interests of beneficiaries 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 (1) JLR 199 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR141199.html

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