In re IMK Family Trust v [2008] JLR 250 (15 August 2008)

In re IMK Family Trust v [2008] JLR 250 (15 August 2008)

An order of a foreign court that varies or alters a Jersey trust in a manner inconsistent with Trusts (Jersey) Law 1984, art. 9(1) is unenforceable in Jersey under art. 9(4).

Citation
[2008] JLR 250
Parties
Subject Trust: IMK Family Trust
Jurisdiction
Jersey
Judgment Date
15 August 2008
Procedural Posture
Trust Variation Application / Judgment
Outcome
application dismissed
Legal Topics
Variation of Trusts, Foreign Judgments, Enforceability of Foreign Orders
Trust Law Variation of Trusts Foreign Judgments Enforceability of Foreign Orders

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Parties

IMK Family Trust

Subject Trust

Procedural Posture

Trust Variation Application / Judgment

Legal Issues

  1. 1 Whether an order of a foreign court varying or altering a Jersey trust is enforceable in Jersey if inconsistent with Trusts (Jersey) Law 1984, art. 9(1)

Ratio Decidendi

An order of a foreign court that varies or alters a Jersey trust in a manner inconsistent with Trusts (Jersey) Law 1984, art. 9(1) is unenforceable in Jersey under art. 9(4).

Court Disposition

application dismissed

Orders

  • Order of foreign court varying Jersey trust declared unenforceable in Jersey