In re Internine Trust v [2005] JLR 236 (27 May 2005)

In re Internine Trust v [2005] JLR 236 (27 May 2005)

The protector's power to amend the trust deed is fiduciary in nature and must be exercised bona fide, for a proper purpose, and in the interests of the beneficiaries; radical amendments increasing the protector's power require greater justification.

Citation
[2005] JLR 236
Parties
Applicant: Internine Trust; Respondent: Unknown Respondent
Jurisdiction
Jersey
Judgment Date
27 May 2005
Procedural Posture
Trust Application / Judgment
Outcome
Application allowed in part
Legal Topics
Trust Protector Powers, Amendment of Trust Deed, Fiduciary Duties
Trust Law Trust Protector Powers Amendment of Trust Deed Fiduciary Duties

Case Brief

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Parties

Internine Trust

Applicant

Unknown Respondent

Respondent

Procedural Posture

Trust Application / Judgment

Legal Issues

  1. 1 Whether the trust protector's power to amend the trust deed must be exercised bona fide, for a proper purpose, and in the interests of beneficiaries
  2. 2 Whether radical amendments increasing the protector's power require greater justification
  3. 3 Whether amendment of administrative provisions is permissible if it does not increase financial burdens or reduce beneficial entitlements

Ratio Decidendi

The protector's power to amend the trust deed is fiduciary in nature and must be exercised bona fide, for a proper purpose, and in the interests of the beneficiaries; radical amendments increasing the protector's power require greater justification.

Court Disposition

Application allowed in part

Orders

  • Protector's power to amend must be exercised bona fide, for proper purpose, and in the interests of beneficiaries
  • Radical amendments increasing protector's power require greater justification