Mubarik v Mubarak [2008] JLR 430 (19 November 2008)

Mubarik v Mubarak [2008] JLR 430 (19 November 2008)

Court held that an arrangement for payment of matrimonial provision to a reinstated beneficiary, with remaining assets held for existing trust purposes, does not constitute a resettlement and may be approved under art. 47.

Citation
[2008] JLR 430
Parties
Applicant: Mubarik; Respondent: Mubarak
Jurisdiction
Jersey
Judgment Date
19 November 2008
Procedural Posture
Trust Variation Application / Judgment
Outcome
approved
Legal Topics
Variation of Trusts, Matrimonial Provision, Resettlement
Trusts Family Law Variation of Trusts Matrimonial Provision Resettlement

Case Brief

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Parties

Mubarik

Applicant

Mubarak

Respondent

Procedural Posture

Trust Variation Application / Judgment

Legal Issues

  1. 1 Scope of court's power to approve arrangements under Trusts (Jersey) Law 1984, art. 47
  2. 2 Definition of 'arrangement' under art. 47
  3. 3 Whether payment of matrimonial provision constitutes a resettlement

Ratio Decidendi

Court held that an arrangement for payment of matrimonial provision to a reinstated beneficiary, with remaining assets held for existing trust purposes, does not constitute a resettlement and may be approved under art. 47.

Court Disposition

approved

Orders

  • Arrangement for payment of matrimonial provision to reinstated beneficiary approved; remaining assets to be held for existing trust purposes.