Barbenson and Rathbone Rep re Walmsley Will Trust [2001] JRC 145 (12 July 2001)

Barbenson and Rathbone Rep re Walmsley Will Trust [2001] JRC 145 (12 July 2001)

Although the Jersey court has jurisdiction due to the residence of the Trustees, it should not exercise it in this case because the trust is governed by English law and the beneficiaries are resident in England. The matter should be heard in England.

Citation
[2001] JRC 145
Parties
Applicant: Trustees; Respondent: Beneficiaries
Jurisdiction
Jersey
Judgment Date
12 July 2001
Procedural Posture
Application for Rectification of Trust Variation / Jurisdictional Determination
Outcome
Application not heard; matter to proceed in England
Legal Topics
Rectification of Trusts, Jurisdiction, Governing Law
Trusts Private International Law Rectification of Trusts Jurisdiction Governing Law

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 1 Party arguments 2
Sign in to unlock

Parties

Trustees

Applicant

Beneficiaries

Respondent

Procedural Posture

Application for Rectification of Trust Variation / Jurisdictional Determination

Legal Issues

  1. 1 Whether the Jersey court should exercise jurisdiction to rectify a trust governed by English law with English resident beneficiaries

Ratio Decidendi

Although the Jersey court has jurisdiction due to the residence of the Trustees, it should not exercise it in this case because the trust is governed by English law and the beneficiaries are resident in England. The matter should be heard in England.

Court Disposition

Application not heard; matter to proceed in England

Orders

  • Application for rectification not heard in Jersey
  • Parties directed to proceed before the courts in England