Trilogy v. YT Charitable Foundation [2015] 2 JLR 15 (12 August 2015)
- Citation
- [2015] 2 JLR 15
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trusts / Appointment of Trustee
More details
- Posture
- Trusts / Appointment of Trustee
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Outgoing trustee directed by court to select successor acts as agent of the court and must disclose reasons for selection; further disclosure may be ordered if necessary and proportionate to enable evaluation of the decision.
Court disposition
Court ordered outgoing trustee to disclose reasons for selection of successor; further disclosure may be ordered if necessary and proportionate.
Orders
- Outgoing trustee to disclose reasons for selection of successor trustee.
- Court may order additional disclosure if necessary and proportionate.
02
Material facts
Parties
Trilogy
ApplicantYT Charitable Foundation
Respondent03
Procedural history
Posture
Trusts / Appointment of Trustee
04
Questions and positions
Legal issues
- 01
Whether outgoing trustee directed by court to select successor is exercising trustee discretion or acting as agent of court
- 02
Whether outgoing trustee must disclose reasons for selection
- 03
Whether additional disclosure (deliberations and legal advice) may be ordered
Party arguments
- Applicant
- Outgoing trustee should be required to disclose reasons for selection and possibly deliberations and legal advice to enable evaluation of decision.
- Respondent
- Outgoing trustee is not exercising trustee discretion but acting as agent of the court; disclosure should be limited to reasons for selection unless further disclosure is necessary and proportionate.
05
Court’s reasoning
Legal principles
- 01
Jersey trust law
Outgoing trustee directed by court to select successor is not exercising trustee discretion but acting as agent of the court.
- 02
Jersey trust law
Disclosure of reasons for selection is required; additional disclosure may be ordered if necessary and proportionate.
06
Ratio, limits and disposition
Ratio decidendi
Outgoing trustee directed by court to select successor acts as agent of the court and must disclose reasons for selection; further disclosure may be ordered if necessary and proportionate to enable evaluation of the decision.
Obiter and limits
- Additional disclosure such as deliberations and legal advice may be ordered if circumstances warrant.
Court disposition
Court ordered outgoing trustee to disclose reasons for selection of successor; further disclosure may be ordered if necessary and proportionate.
- Outgoing trustee to disclose reasons for selection of successor trustee.
- Court may order additional disclosure if necessary and proportionate.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Trilogy v. YT Charitable Foundation [2015] 2 JLR 15 (12 August 2015) URL: https://www.bailii.org/je/cases/JLR/2015/JLR152015.html Cite as: [2015] 2 JLR 15 [ New search ] [ Help ] Trilogy v. YT Charitable Foundation 2015 (2) JLR 15 (12 August 2015) Trusts-appointment of trustees-selection of new trustee-outgoing trustee directed by court to select successor (to be appointed by court) not exercising trustee discretion but acting as agent of court-ordered to disclose reasons for selection-additional disclosure may be ordered (e.g. deliberations and legal advice) if necessary and proportionate to enable evaluation of decision The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2015 (2) JLR 15 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2015/JLR152015.html
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