E Trust [2008] JRC 053 (03 April 2008)

E Trust [2008] JRC 053 (03 April 2008)

It is not necessary to convene JA, a non-beneficiary and non-settlor, to the application for removal of Verite as trustee of the H family trusts. The issue is quintessentially for the beneficiaries, and JA's interests or historical involvement do not justify intervention. The application is dismissed.

Citation
[2008] JRC 053
Parties
Applicant: JA; Representor/respondent: HA; Settlor/parent: BA; Settlor/parent: SA; Co Trustee/respondent: Verite Trust Company Limited; Co Trustee: Appleby Trust (Jersey) Limited; Co Trustee: Jemma Trust Company Limited
Jurisdiction
Jersey
Judgment Date
03 April 2008
Procedural Posture
Trust Law Application / Application for Leave to Intervene
Outcome
Application dismissed
Legal Topics
Removal of Trustee, Standing to Intervene, Beneficiary Rights, Letters of Wishes, Conflict of Interest
Trusts and Estates Equity Removal of Trustee Standing to Intervene Beneficiary Rights Letters of Wishes Conflict of Interest

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Parties

JA

Applicant

HA

Representor/respondent

BA

Settlor/parent

SA

Settlor/parent

Verite Trust Company Limited

Co Trustee/respondent

Appleby Trust (Jersey) Limited

Co Trustee

Jemma Trust Company Limited

Co Trustee

Procedural Posture

Trust Law Application / Application for Leave to Intervene

Legal Issues

  1. 1 Whether a non-beneficiary (JA) should be granted leave to intervene in proceedings for removal of a trustee from the H family trusts

Ratio Decidendi

It is not necessary to convene JA, a non-beneficiary and non-settlor, to the application for removal of Verite as trustee of the H family trusts. The issue is quintessentially for the beneficiaries, and JA's interests or historical involvement do not justify intervention. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • JA's application for leave to intervene is refused