In the matter of HHH Trust [2013] JRC 023 (30 January 2013)

In the matter of HHH Trust [2013] JRC 023 (30 January 2013)

The settlor incurred costs in the discharge of its fiduciary functions, and the issue of disclosure obligations was a question arising in the administration of the trust for the benefit of the trust estate. The proceedings fell within the second Buckton category, so costs should be paid out of the trust fund, with the settlor entitled to costs on the trustee basis and the beneficiary on the indemnity basis.

Citation
[2013] JRC 023
Parties
Representor: B; Respondent: Second Respondent (Settlor)
Jurisdiction
Jersey
Judgment Date
30 January 2013
Procedural Posture
Administrative Application Under Article 51 of the Trusts (jersey) Law 1984 / Post Discharge Costs Determination
Outcome
Costs awarded to both settlor and beneficiary to be paid out of the B Sub-Trust.
Legal Topics
Costs in Trust Litigation, Fiduciary Indemnity, Disclosure Obligations, Administration of Trusts
Trust Law Fiduciary Law Costs in Trust Litigation Fiduciary Indemnity Disclosure Obligations Administration of Trusts

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Parties

B

Representor

Second Respondent (Settlor)

Respondent

Procedural Posture

Administrative Application Under Article 51 of the Trusts (jersey) Law 1984 / Post Discharge Costs Determination

Legal Issues

  1. 1 Whether the settlor is entitled to recover its costs from the trust fund on the trustee basis
  2. 2 Whether the beneficiary is entitled to costs on the indemnity basis
  3. 3 Classification of the proceedings for costs purposes

Ratio Decidendi

The settlor incurred costs in the discharge of its fiduciary functions, and the issue of disclosure obligations was a question arising in the administration of the trust for the benefit of the trust estate. The proceedings fell within the second Buckton category, so costs should be paid out of the trust fund, with the settlor entitled to costs on the trustee basis and the beneficiary on the indemnity basis.

Court Disposition

Costs awarded to both settlor and beneficiary to be paid out of the B Sub-Trust.

Orders

  • Settlor's costs to be paid out of the B Sub-Trust on the trustee basis.
  • Beneficiary's costs to be paid out of the B Sub-Trust on the indemnity basis.