Representation of Mourant and Co Trustees Limited 8-Dec-2006 [2006] JRC 185 (08 December 2006)

Representation of Mourant and Co Trustees Limited 8-Dec-2006 [2006] JRC 185 (08 December 2006)

The Royal Court of Jersey, exercising its supervisory jurisdiction over trusts and applying Jersey law, held that substantial effect should be given to the English court's order varying the B Trust, based on principles of comity and fairness, notwithstanding the Trusts (Amendment No. 4) (Jersey) Law 2006. The Court found that the statutory amendments did not exclude the application of comity or prevent the Court from authorising the trustee to implement the English order, provided the interests of all beneficiaries were protected.

Citation
[2006] JRC 185
Parties
Applicant: Mourant & Co Trustees Limited; Beneficiary/respondent: J (the wife); Beneficiary/respondent: S (the husband); Beneficiary/respondent: N (the husband's brother); Guardian Ad Litem for Minor and Unascertained Beneficiaries: Advocate Michel
Jurisdiction
Jersey
Judgment Date
08 December 2006
Procedural Posture
Application for Directions by Trustee / Judgment on Application for Directions Following English Matrimonial Order
Outcome
application granted in part
Legal Topics
Variation of Trusts, Enforcement of Foreign Judgments, Matrimonial Property, Jurisdiction Over Trusts, Comity
Trusts Family Law Private International Law Variation of Trusts Enforcement of Foreign Judgments Matrimonial Property Jurisdiction Over Trusts Comity

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Parties

Mourant & Co Trustees Limited

Applicant

J (the wife)

Beneficiary/respondent

S (the husband)

Beneficiary/respondent

N (the husband's brother)

Beneficiary/respondent

Advocate Michel

Guardian Ad Litem for Minor and Unascertained Beneficiaries

Procedural Posture

Application for Directions by Trustee / Judgment on Application for Directions Following English Matrimonial Order

Legal Issues

  1. 1 Whether the Royal Court of Jersey should give effect to an English court order varying a Jersey trust in matrimonial proceedings
  2. 2 Whether the B Trust is a post-nuptial settlement under Jersey law
  3. 3 Effect of the Trusts (Amendment No. 4) (Jersey) Law 2006 on enforcement of foreign judgments

Ratio Decidendi

The Royal Court of Jersey, exercising its supervisory jurisdiction over trusts and applying Jersey law, held that substantial effect should be given to the English court's order varying the B Trust, based on principles of comity and fairness, notwithstanding the Trusts (Amendment No. 4) (Jersey) Law 2006. The Court found that the statutory amendments did not exclude the application of comity or prevent the Court from authorising the trustee to implement the English order, provided the interests of all beneficiaries were protected.

Court Disposition

application granted in part

Orders

  • The trustee is authorised and directed to execute the Deed of Addition and Appointment to give substantial effect to the English order, subject to specified modifications.
  • The power to advance capital to the wife under the sub-trust shall be unfettered.