Trilogy v. YT Charitable Foundation [2015] 2 JLR 15 (12 August 2015)

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.

Citation: [2015] 2 JLR 15
Parties: Applicant: Trilogy; Respondent: YT Charitable Foundation
Jurisdiction: Jersey
Judgment Date: 12 August 2015
Procedural Posture: Trusts / Appointment of Trustee
Outcome: Court ordered outgoing trustee to disclose reasons for selection of successor; further disclosure may be ordered if necessary and proportionate.
Legal Topics: Appointment of Trustees, Disclosure of Reasons, Court Directed Selection

Trust Law Appointment of Trustees Disclosure of Reasons Court Directed Selection

Case Brief

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Parties

Trilogy

Applicant

YT Charitable Foundation

Respondent

Procedural Posture

Trusts / Appointment of Trustee

Legal Issues

1 Whether outgoing trustee directed by court to select successor is exercising trustee discretion or acting as agent of court
2 Whether outgoing trustee must disclose reasons for selection
3 Whether additional disclosure (deliberations and legal advice) may be ordered

Ratio Decidendi

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.