Representation of RBC Trustess (Guernsey) Limited [2017] JRC 135 (30 August 2017)

Representation of RBC Trustess (Guernsey) Limited [2017] JRC 135 (30 August 2017)

The Court concluded that, following the representor's retirement and the dissolution of the Company, there was no entity able to appoint a new trustee. The representor, while still holding the trust property, lacked the powers and discretions necessary to administer the trust. The Court exercised its power under Article 51(2) of the Trusts (Jersey) Law 1984 to appoint the representor as trustee so the trust could be properly administered for the benefit of the beneficiaries.

Citation
[2017] JRC 135
Parties
Applicant: Representor; Settlor: Company (Isle of Man)
Jurisdiction
Jersey
Judgment Date
30 August 2017
Procedural Posture
Trustee Appointment Application / Judgment After Hearing
Outcome
Application granted
Legal Topics
Appointment of Trustee, Retirement of Trustee, Powers of Court Under Trusts (jersey) Law 1984
Trusts Law Appointment of Trustee Retirement of Trustee Powers of Court Under Trusts (jersey) Law 1984

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Parties

Representor

Applicant

Company (Isle of Man)

Settlor

Procedural Posture

Trustee Appointment Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the Court should appoint the representor as trustee under Article 51(2) of the Trusts (Jersey) Law 1984 after its resignation and in the absence of a replacement trustee
  2. 2 Whether the representor, having retired, retains any powers or duties in relation to the trust property

Ratio Decidendi

The Court concluded that, following the representor's retirement and the dissolution of the Company, there was no entity able to appoint a new trustee. The representor, while still holding the trust property, lacked the powers and discretions necessary to administer the trust. The Court exercised its power under Article 51(2) of the Trusts (Jersey) Law 1984 to appoint the representor as trustee so the trust could be properly administered for the benefit of the beneficiaries.

Court Disposition

Application granted

Orders

  • Representor appointed as trustee of the Trust under Article 51(2) of the Trusts (Jersey) Law 1984
  • Representor awarded costs of and incidental to the application on the usual trustee basis