In the matter of the Y Trust [2013] JRC 126 (26 June 2013)

In the matter of the Y Trust [2013] JRC 126 (26 June 2013)

The Court exercised its discretion not to convene D as a party at this stage, finding D's interest in asset identification and conservation was not material, and convening her risked disclosure to C, an excluded person. Directions regarding asset conservation could be made without D's input, but D should be convened for any future application concerning disclosure to the New York court.

Citation
[2013] JRC 126
Parties
Applicant: Representor; Trustee: E Trust Company Limited; Beneficiary: D; Excluded Person: C
Jurisdiction
Jersey
Judgment Date
26 June 2013
Procedural Posture
Trust Application / Application to Convene Beneficiary
Outcome
application dismissed
Legal Topics
Administration of Trusts, Beneficiary Rights, Disclosure in Trust Proceedings, Convening Parties
Trust Law Administration of Trusts Beneficiary Rights Disclosure in Trust Proceedings Convening Parties

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Parties

Representor

Applicant

E Trust Company Limited

Trustee

D

Beneficiary

C

Excluded Person

Procedural Posture

Trust Application / Application to Convene Beneficiary

Legal Issues

  1. 1 Should D, a beneficiary, be convened to the proceedings regarding directions to the trustee?
  2. 2 What are the principles governing disclosure and convening in trust litigation?

Ratio Decidendi

The Court exercised its discretion not to convene D as a party at this stage, finding D's interest in asset identification and conservation was not material, and convening her risked disclosure to C, an excluded person. Directions regarding asset conservation could be made without D's input, but D should be convened for any future application concerning disclosure to the New York court.

Court Disposition

application dismissed

Orders

  • D's application to be convened as a party is dismissed.
  • Directions regarding identification and conservation of trust assets may proceed without D.