Representation of WW and XX (Trust) [2013] JRC 013 (22 January 2013)

Representation of WW and XX (Trust) [2013] JRC 013 (22 January 2013)

The First Respondent acted reasonably in raising inheritance tax issues and seeking indemnity; there is no basis to deprive it of costs or amend the cash flow order. The Representors failed to discharge the burden of showing unreasonable conduct by the First Respondent.

Citation
[2013] JRC 013
Parties
Applicant: Representors; Respondent: First Respondent; Respondent: Second Respondent; Settlor: C; Original Trustee: D Trustees (Jersey) Limited; Former Trustee: P Finance SA; Protector: Third Respondent; Party: Fourth Respondent; Beneficiary: Fifth Respondent
Jurisdiction
Jersey
Judgment Date
22 January 2013
Procedural Posture
Trust Administration (article 51 Application) / Post Hearing Judgment on Costs and Cash Flow Order
Outcome
Application refused
Legal Topics
Trustee Indemnity, Costs Orders, Inheritance Tax Liability, Appointment of Trustees, Protector Role
Trusts Taxation Civil Procedure Trustee Indemnity Costs Orders Inheritance Tax Liability Appointment of Trustees Protector Role

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Parties

Representors

Applicant

First Respondent

Respondent

Second Respondent

Respondent

C

Settlor

D Trustees (Jersey) Limited

Original Trustee

P Finance SA

Former Trustee

Third Respondent

Protector

Fourth Respondent

Party

Fifth Respondent

Beneficiary

Procedural Posture

Trust Administration (article 51 Application) / Post Hearing Judgment on Costs and Cash Flow Order

Legal Issues

  1. 1 Should the cash flow order in favour of the First Respondent be reversed or amended?
  2. 2 Should the First Respondent pay 75% of the Representors' costs?
  3. 3 Did the First Respondent act unreasonably in raising inheritance tax issues?

Ratio Decidendi

The First Respondent acted reasonably in raising inheritance tax issues and seeking indemnity; there is no basis to deprive it of costs or amend the cash flow order. The Representors failed to discharge the burden of showing unreasonable conduct by the First Respondent.

Court Disposition

Application refused

Orders

  • The Representors' application for costs against the First Respondent is refused.
  • The cash flow order in favour of the First Respondent is not reversed or amended.