Heinrichs v Pantrust and Ors [2018] JRC 081A (02 May 2018)

Heinrichs v Pantrust and Ors [2018] JRC 081A (02 May 2018)

The Court declines to grant a declaration as to the validity of the 1977 Brazilian Trust because its validity is not a live issue in the Ontario proceedings and the practical consequences are unclear. The Court exercises its supervisory jurisdiction to direct GB Trustees to limit its duties as trustee of the 1984 Brazilian Trust, pending further directions, due to uncertainty about its validity and assets.

Citation
[2018] JRC 081A
Parties
First Representor: Anne Marie Heinrichs; Second Representor: Werner Cornelius Heinrichs; Third Representor: GB Trustees Limited; First Respondent: Pantrust International SA; Second Respondent: Richard George De Winton Wigley; Third Respondent: James Richard De Winton Wigley
Jurisdiction
Jersey
Judgment Date
02 May 2018
Procedural Posture
Representation / Post Judgment Directions and Declaration Application
Outcome
Declaration declined; directions to trustee granted
Legal Topics
Sham Trusts, Declaratory Relief, Supervisory Jurisdiction, Breach of Trust, Jurisdictional Challenge
Trusts Private International Law Sham Trusts Declaratory Relief Supervisory Jurisdiction Breach of Trust Jurisdictional Challenge

Case Brief

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Parties

Anne Marie Heinrichs

First Representor

Werner Cornelius Heinrichs

Second Representor

GB Trustees Limited

Third Representor

Pantrust International SA

First Respondent

Richard George De Winton Wigley

Second Respondent

James Richard De Winton Wigley

Third Respondent

Procedural Posture

Representation / Post Judgment Directions and Declaration Application

Legal Issues

  1. 1 Whether the 1977 Brazilian Trust is valid and not a sham
  2. 2 Whether the 1984 Brazilian Trust is a sham and should be ignored
  3. 3 Whether declaratory relief should be granted for use in foreign proceedings

Ratio Decidendi

The Court declines to grant a declaration as to the validity of the 1977 Brazilian Trust because its validity is not a live issue in the Ontario proceedings and the practical consequences are unclear. The Court exercises its supervisory jurisdiction to direct GB Trustees to limit its duties as trustee of the 1984 Brazilian Trust, pending further directions, due to uncertainty about its validity and assets.

Court Disposition

Declaration declined; directions to trustee granted

Orders

  • Court declines to declare the 1977 Brazilian Trust valid.
  • Court invites GB Trustees to draft directions limiting its duties as trustee of the 1984 Brazilian Trust, to take no steps unless directed by the Court.