Robertson v Lazard Trust [1994] JLR 103 (09 March 1994)

Robertson v Lazard Trust [1994] JLR 103 (09 March 1994)

A third party's action for a declaration that a trust is invalid is not an imprescriptible action to recover trust property from the trustee under Trusts (Jersey) Law 1984, art. 53(1)(b), because until such a declaration is made, there is no established right to the trust property.

Citation
[1994] JLR 103
Parties
Applicant: Robertson; Respondent: Lazard Trust
Jurisdiction
Jersey
Judgment Date
09 March 1994
Procedural Posture
Civil / Judgment
Outcome
application dismissed
Legal Topics
Action En Nullite, Limitation of Actions, Trust Property Recovery
Trust Law Action En Nullite Limitation of Actions Trust Property Recovery

Case Brief

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Parties

Robertson

Applicant

Lazard Trust

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a third party's action for a declaration that a trust is invalid is imprescriptible under Trusts (Jersey) Law 1984, art. 53(1)(b)

Ratio Decidendi

A third party's action for a declaration that a trust is invalid is not an imprescriptible action to recover trust property from the trustee under Trusts (Jersey) Law 1984, art. 53(1)(b), because until such a declaration is made, there is no established right to the trust property.

Court Disposition

application dismissed