Representation of VV [2011] JRC 209 (26 October 2011)

Representation of VV [2011] JRC 209 (26 October 2011)

In the absence of beneficiaries willing or able to defend the trusts in hostile litigation, and given the advice on the merits, the trustee (V V) is directed to defend the trusts and is entitled to its costs from the trust funds.

Citation
[2011] JRC 209
Parties
Trustee/representor: V V; Claimant/applicant: G; Respondent/executrix/beneficiary: A; Respondent/beneficiary: C; Respondent/beneficiary: D; Protector: Second respondent (unnamed)
Jurisdiction
Jersey
Judgment Date
26 October 2011
Procedural Posture
Trustee Directions Application / Post Discovery, Pre Trial Directions
Outcome
Trustee directed to defend trusts; costs indemnified from trust funds.
Legal Topics
Trustee Neutrality, Hostile Trust Litigation, Constructive Trusts, Costs in Trust Litigation
Trusts Private International Law Trustee Neutrality Hostile Trust Litigation Constructive Trusts Costs in Trust Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

V V

Trustee/representor

G

Claimant/applicant

A

Respondent/executrix/beneficiary

C

Respondent/beneficiary

D

Respondent/beneficiary

Second respondent (unnamed)

Protector

Procedural Posture

Trustee Directions Application / Post Discovery, Pre Trial Directions

Legal Issues

  1. 1 Whether the trustee (V V) should defend the trusts in hostile litigation where beneficiaries are adult and sui juris but unwilling to defend
  2. 2 Whether the trustee is entitled to costs from the trust funds for defending the trusts
  3. 3 Whether the principle of trustee neutrality applies in the absence of rival claimants

Ratio Decidendi

In the absence of beneficiaries willing or able to defend the trusts in hostile litigation, and given the advice on the merits, the trustee (V V) is directed to defend the trusts and is entitled to its costs from the trust funds.

Court Disposition

Trustee directed to defend trusts; costs indemnified from trust funds.

Orders

  • V V is directed to defend the E Trust and F Trust in the Singapore proceedings.
  • V V is entitled to its costs for defending the trusts out of the trust funds.