H Trust [2007] JRC 187 (02 October 2007)

H Trust [2007] JRC 187 (02 October 2007)

The Trustee's second decision to delay implementation of the English Order pending speculative enfranchisement proceedings was unreasonable and procedurally unfair, particularly due to lack of consultation with SW. The Court set aside this decision and directed the Trustee to substantially implement the English Order, dividing assets broadly equally, as this was fair and consistent with the interests of the principal beneficiaries and comity.

Citation
[2007] JRC 187
Parties
Applicant: SW; Respondent: RW; Trustee: X Trust Company Limited; Beneficiary: RCW; Beneficiary: AP
Jurisdiction
Jersey
Judgment Date
02 October 2007
Procedural Posture
Application for Directions to Trustee / Post Divorce, Final Determination
Outcome
Trustee's second decision set aside; directions given to substantially implement English Order.
Legal Topics
Trustee Discretion, Foreign Court Orders, Division of Matrimonial Assets, Maintenance, Proper Law of Trust
Trust Law Family Law Trustee Discretion Foreign Court Orders Division of Matrimonial Assets Maintenance Proper Law of Trust

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Parties

SW

Applicant

RW

Respondent

X Trust Company Limited

Trustee

RCW

Beneficiary

AP

Beneficiary

Procedural Posture

Application for Directions to Trustee / Post Divorce, Final Determination

Legal Issues

  1. 1 Should the Trustee be directed to give effect to the English Order in divorce proceedings?
  2. 2 Was the Trustee's decision to delay implementation unreasonable?
  3. 3 Does Article 9 Trust (Jersey) Law 1984 preclude consideration of foreign court orders?

Ratio Decidendi

The Trustee's second decision to delay implementation of the English Order pending speculative enfranchisement proceedings was unreasonable and procedurally unfair, particularly due to lack of consultation with SW. The Court set aside this decision and directed the Trustee to substantially implement the English Order, dividing assets broadly equally, as this was fair and consistent with the interests of the principal beneficiaries and comity.

Court Disposition

Trustee's second decision set aside; directions given to substantially implement English Order.

Orders

  • Trustee to make a capital distribution of £960,000 to SW.
  • Trustee to discharge RBS joint overdrafts.