Representation of BNP Paribas [2010] JRC 199 (04 November 2010)

Representation of BNP Paribas [2010] JRC 199 (04 November 2010)

The Court held that the Seventh Respondent must bring proceedings challenging the legitimacy of the asset transfers into the Trust within six months, failing which the Trustee may administer the Trust free of any claims by the Seventh Respondent (except as a beneficiary). Provision is made for capped legal costs to ensure access to justice.

Citation
[2010] JRC 199
Parties
Applicant: Representor Trustee; Respondent: Settlor (widow of PW); Respondent: First to Fifth Respondents (four daughters); Respondent: Sixth Respondent (son); Respondent: Seventh Respondent (elder son)
Jurisdiction
Jersey
Judgment Date
04 November 2010
Procedural Posture
Article 51 Trust Proceedings / Post Hearing Judgment
Outcome
Seventh Respondent ordered to bring proceedings within six months or be barred from challenging asset transfers; Trustee authorised to administer Trust free of such claims thereafter; capped legal costs provision for Seventh Respondent and potentially other beneficiaries.
Legal Topics
Trust Administration, Protector Removal, Limitation of Claims, Beneficiary Rights, Cross Border Estate Issues
Trusts Equity Private International Law Trust Administration Protector Removal Limitation of Claims Beneficiary Rights Cross Border Estate Issues

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Representor Trustee

Applicant

Settlor (widow of PW)

Respondent

First to Fifth Respondents (four daughters)

Respondent

Sixth Respondent (son)

Respondent

Seventh Respondent (elder son)

Respondent

Procedural Posture

Article 51 Trust Proceedings / Post Hearing Judgment

Legal Issues

  1. 1 Whether the Seventh Respondent's claims regarding the provenance of trust assets are valid and actionable
  2. 2 Whether the Seventh Respondent should be removed or suspended as Protector due to conflict of interest
  3. 3 Whether the Trustee can safely administer the Trust in light of unresolved claims

Ratio Decidendi

The Court held that the Seventh Respondent must bring proceedings challenging the legitimacy of the asset transfers into the Trust within six months, failing which the Trustee may administer the Trust free of any claims by the Seventh Respondent (except as a beneficiary). Provision is made for capped legal costs to ensure access to justice.

Court Disposition

Seventh Respondent ordered to bring proceedings within six months or be barred from challenging asset transfers; Trustee authorised to administer Trust free of such claims thereafter; capped legal costs provision for Seventh Respondent and potentially other beneficiaries.

Orders

  • Seventh Respondent must bring proceedings in Jersey within six months to challenge asset transfers into the Trust.
  • Trustee may administer the Trust free of Seventh Respondent's claims if no proceedings are brought within six months.