Representation by the Trustees of the H Settlement [2005] JRC 077 (03 June 2005)

The word 'and' in paragraph 7(a) of the Schedule is to be construed disjunctively, permitting the trustees to appoint the trust fund in favour of P and his issue only, without including spouses or widows.

Citation: [2005] JRC 077
Parties: Applicant: Trustees of the H Settlement; Respondent (representing Interests of Potential Spouses/widows): Advocate Costa (represented by Mr James)
Jurisdiction: Jersey
Judgment Date: 03 June 2005
Procedural Posture: Trust Law Application / Application for Construction of Trust Power
Outcome: Application granted
Legal Topics: Construction of Trust Instruments, Powers of Appointment, Discretionary Trusts

Trusts Private Client Construction of Trust Instruments Powers of Appointment Discretionary Trusts

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Parties

Trustees of the H Settlement

Applicant

Advocate Costa (represented by Mr James)

Respondent (representing Interests of Potential Spouses/widows)

Procedural Posture

Trust Law Application / Application for Construction of Trust Power

Legal Issues

1 Whether the trustees have power to appoint part of the trust fund into a new discretionary settlement limited to P and his issue, excluding spouses/widows/husbands/widowers

Ratio Decidendi

Court Disposition

Application granted

Orders

An act will issue in the terms drafted by Counsel for the trustees and approved by the Court.
Costs of all parties occasioned by this representation to be paid out of the trust fund on an indemnity basis.