In the matter of the Estate of Constantin Mattas [2022] JRC 237 (03 November 2022)

In the matter of the Estate of Constantin Mattas [2022] JRC 237 (03 November 2022)

The proceedings are an action in rem because the Court's determination of entitlement to the trust fund will be valid against the world; therefore, section 12(1) of the State Immunity Act 1978 does not apply, and substituted service is appropriate.

Citation
[2022] JRC 237
Parties
Testator: Constantin Mattas (deceased); Applicant: Representor (Trustee); Respondent: Greek Government
Jurisdiction
Jersey
Judgment Date
03 November 2022
Procedural Posture
Trust Dispute / Preliminary Procedural Ruling
Outcome
Substituted service ordered
Legal Topics
Validity of Trust, Service of Process on Foreign State, Action in Rem Vs in Personam
Trusts Probate State Immunity Validity of Trust Service of Process on Foreign State Action in Rem Vs in Personam

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Constantin Mattas (deceased)

Testator

Representor (Trustee)

Applicant

Greek Government

Respondent

Procedural Posture

Trust Dispute / Preliminary Procedural Ruling

Legal Issues

  1. 1 Whether the Intended Capital Trust creates a valid trust
  2. 2 Whether the proceedings are an action in rem
  3. 3 How the Greek Government should be served

Ratio Decidendi

The proceedings are an action in rem because the Court's determination of entitlement to the trust fund will be valid against the world; therefore, section 12(1) of the State Immunity Act 1978 does not apply, and substituted service is appropriate.

Court Disposition

Substituted service ordered

Orders

  • Substituted service to be effected by post and email upon the Education Office of the Greek Embassy in London