In re Y Trust v [2014] 1 JLR 199 (28 January 2014)
- Citation
- [2014] 1 JLR 199
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trust Application / Sanction of Trustee's Decision
More details
- Posture
- Trust Application / Sanction of Trustee's Decision
On this page
Professional case brief
Research organized from the available case record
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
TrusteeNon-beneficiary applicant
Applicant03
Procedural history
Posture
Trust Application / Sanction of Trustee's Decision
04
Questions and positions
Legal issues
- 01
Whether trustee's refusal to disclose trust information to a non-beneficiary should be sanctioned by the court
- 02
Whether the court should exercise its own discretion or review the trustee's decision on disclosure applications
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
Legal principles
- 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.
- 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
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
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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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