Representation of Ocorian Private Trustees (Jersey) Limited and Ocorian Limited re T Trusts [2024] JRC 186 (15 September 2024)
The trustees' decision to allocate the Company B French Loans equally between C and D and to implement the 2022 Equalisation by way of the Amended Distribution Plan was formed in good faith, was reasonable, and not vitiated by conflict of interest; court blessed the decision and extended vesting dates to facilitate...
Source-derived case information.
- Citation
- [2024] JRC 186
- Parties
- Applicant: Ocorian Private Trustees (Jersey) Limited; Applicant: Ocorian Limited; Beneficiary: B; Beneficiary: C; Beneficiary: D; Beneficiary: E; Guardian Ad Litem: Advocate Renouf
- Jurisdiction
- Jersey
- Judgment Date
- 15 September 2024
- Procedural Posture
- Representation (trusts) / Final Blessing and Ancillary Orders
- Outcome
- application granted
- Legal Topics
- Trustee Powers, Distribution of Trust Assets, Court Blessing of Trustee Decisions, Administration Costs, Beneficiary Disputes, Vesting Date Extension
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Summary, issues, holding and outcome
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Parties
Ocorian Private Trustees (Jersey) Limited
Applicant
Ocorian Limited
Applicant
B
Beneficiary
C
Beneficiary
D
Beneficiary
E
Beneficiary
Advocate Renouf
Guardian Ad Litem
Procedural Posture
Representation (trusts) / Final Blessing and Ancillary Orders
Legal Issues
- 1 Should the court bless the trustees' decision to distribute assets and terminate the trusts?
- 2 How should the Company B French Loans be allocated between C and D?
- 3 Is further enquiry into trustees' costs prior to January 2021 warranted?
Ratio Decidendi
The trustees' decision to allocate the Company B French Loans equally between C and D and to implement the 2022 Equalisation by way of the Amended Distribution Plan was formed in good faith, was reasonable, and not vitiated by conflict of interest; court blessed the decision and extended vesting dates to facilitate distribution.
Court Disposition
application granted
Orders
- Court blesses trustees' decision to allocate Company B French Loans 50/50 between C and D and implement Amended Distribution Plan.
- Vesting dates of Vesting Trusts extended to 31 March 2025 with liberty to apply for further extension.
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