In the matter of F [2010] JRC 067 (06 April 2010)

In the matter of F [2010] JRC 067 (06 April 2010)

B was removed as tutrice due to persistent failure to comply with statutory accounting obligations under the 1862 Law, conflict of interest regarding dower claims, and maladministration of the tutelle. The Viscount was appointed as administrator for D until majority. Forensic accountants are to be appointed to examine the accounts and administration of the tutelles.

Citation
[2010] JRC 067
Parties
Tutrice (guardian) of D: B; Minor Child, Beneficiary: D; Applicant, Beneficiary: A; Beneficiary: E; Applicant for Removal of Tutrice: Solicitor General; Partner of B, Secretary/elector of Tutelle: G; Elector, Family Friend: L; Appointed Administrator: Viscount
Jurisdiction
Jersey
Judgment Date
06 April 2010
Procedural Posture
Tutelle Removal and Administration / Post Hearing Judgment and Orders
Outcome
B removed as tutrice for D; Viscount appointed as administrator until D's majority; forensic accountant to be appointed; immediate payment to A denied; costs reserved.
Legal Topics
Removal of Guardian, Accounting Obligations, Dower Rights, Administration of Estate, Minor's Inheritance, Appointment of Administrator
Family Law Succession Law Trusts and Estates Jersey Customary Law Removal of Guardian Accounting Obligations Dower Rights Administration of Estate +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

B

Tutrice (guardian) of D

D

Minor Child, Beneficiary

A

Applicant, Beneficiary

E

Beneficiary

Solicitor General

Applicant for Removal of Tutrice

G

Partner of B, Secretary/elector of Tutelle

L

Elector, Family Friend

Viscount

Appointed Administrator

Procedural Posture

Tutelle Removal and Administration / Post Hearing Judgment and Orders

Legal Issues

  1. 1 Whether B should be removed as tutrice for D
  2. 2 Whether proper accounts were kept under the Loi (1862) Sur Les Tuteurs
  3. 3 Whether B's actions conflicted with the interests of D

Ratio Decidendi

B was removed as tutrice due to persistent failure to comply with statutory accounting obligations under the 1862 Law, conflict of interest regarding dower claims, and maladministration of the tutelle. The Viscount was appointed as administrator for D until majority. Forensic accountants are to be appointed to examine the accounts and administration of the tutelles.

Court Disposition

B removed as tutrice for D; Viscount appointed as administrator until D's majority; forensic accountant to be appointed; immediate payment to A denied; costs reserved.

Orders

  • B removed as tutrice for D.
  • Viscount appointed as administrator for D until December 2010.