In the matter of the Piedmont Trust and the Riveira Trust [2016] JRC 016 (21 January 2016)

In the matter of the Piedmont Trust and the Riveira Trust [2016] JRC 016 (21 January 2016)

Trust litigation costs should be borne by the Trusts on the trustee or indemnity basis unless a party has acted unreasonably or is guilty of misconduct. The proceedings were administrative in nature, not hostile, and none of the fiduciaries' conduct reached the threshold to deprive them of indemnity or require them to pay another party's costs.

Citation
[2016] JRC 016
Parties
Trustee: Jasmine Trustees Limited; Trustee: Lutea; Protector/beneficiary: Father; Protector/beneficiary: Elder Son; Protector/beneficiary: Younger Son; Beneficiary/applicant: Daughter; Proposed Trustee: Kairos
Jurisdiction
Jersey
Judgment Date
21 January 2016
Procedural Posture
Trust Litigation / Post Judgment Costs Determination
Outcome
Costs awarded as specified; no party deprived of indemnity; allocation between trusts ordered.
Legal Topics
Trustee Removal, Protector Appointment, Costs in Trust Litigation, Fiduciary Duties
Trusts Equity Trustee Removal Protector Appointment Costs in Trust Litigation Fiduciary Duties

Case Brief

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Parties

Jasmine Trustees Limited

Trustee

Lutea

Trustee

Father

Protector/beneficiary

Elder Son

Protector/beneficiary

Younger Son

Protector/beneficiary

Daughter

Beneficiary/applicant

Kairos

Proposed Trustee

Procedural Posture

Trust Litigation / Post Judgment Costs Determination

Legal Issues

  1. 1 Entitlement to costs for trustees, protectors, and beneficiaries in trust litigation
  2. 2 Whether fiduciaries should be deprived of indemnity for costs
  3. 3 Allocation of costs between two trusts

Ratio Decidendi

Trust litigation costs should be borne by the Trusts on the trustee or indemnity basis unless a party has acted unreasonably or is guilty of misconduct. The proceedings were administrative in nature, not hostile, and none of the fiduciaries' conduct reached the threshold to deprive them of indemnity or require them to pay another party's costs.

Court Disposition

Costs awarded as specified; no party deprived of indemnity; allocation between trusts ordered.

Orders

  • Jasmine and Lutea may recover their costs on both trustee and protector issues on the trustee basis, allocated equally between the Trusts.
  • The daughter is awarded her costs in relation to both issues on the indemnity basis out of the Trusts, allocated equally.