In re Z Trust [2016] 1 JLR 132 (22 February 2016)

In re Z Trust [2016] 1 JLR 132 (22 February 2016)

The court may declare an appointment of trustees invalid if the appointor breaches fiduciary duty or fails to consider relevant consequences, under the Trusts (Jersey) Law 1984 and its inherent jurisdiction.

Citation
[2016] 1 JLR 132
Parties
Applicant: Unknown (Z Trust parties); Respondent: Unknown (Z Trust parties)
Jurisdiction
Jersey
Judgment Date
22 February 2016
Procedural Posture
Trusts Appointment of Trustees / Judgment on Validity of Appointment of Trustees
Outcome
Appointment of trustees may be declared invalid or voidable in specified circumstances.
Legal Topics
Appointment of Trustees, Fiduciary Duty, Validity of Trustee Appointment, Mistake in Exercise of Power, Failure to Consider Consequences
Trusts Law Appointment of Trustees Fiduciary Duty Validity of Trustee Appointment Mistake in Exercise of Power Failure to Consider Consequences

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Parties

Unknown (Z Trust parties)

Applicant

Unknown (Z Trust parties)

Respondent

Procedural Posture

Trusts Appointment of Trustees / Judgment on Validity of Appointment of Trustees

Legal Issues

  1. 1 Whether the appointment of trustees was valid under the Trusts (Jersey) Law 1984
  2. 2 Whether breach of fiduciary duty by appointor invalidates appointment
  3. 3 Whether appointment is voidable for mistake or failure to consider consequences

Ratio Decidendi

The court may declare an appointment of trustees invalid if the appointor breaches fiduciary duty or fails to consider relevant consequences, under the Trusts (Jersey) Law 1984 and its inherent jurisdiction.

Court Disposition

Appointment of trustees may be declared invalid or voidable in specified circumstances.