Jersey Judgment

West v Lazard Bros. [1987] JLR 414 (21 January 1988)

Trusts Removal of Trustees Court Discretion Trustee Misconduct Hostility Between Trustee and Beneficiary

Citation: [1987] JLR 414
Status: Judgment
Jurisdiction: Jersey
Posture: Trusts / Application for Removal of Trustee

More details

Posture: Trusts / Application for Removal of Trustee

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Professional case brief

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Source document

Holding and result

The court may remove a trustee if misconduct or actions detrimental to the trust are proven, or if hostility between trustee and beneficiary affects the administration of the trust.

Court disposition

Not specified

Material facts

Parties

West

Applicant

Lazard Bros.

Respondent

Procedural history

Posture

Trusts / Application for Removal of Trustee

Questions and positions

Legal issues

01
Whether the court should exercise its discretion to remove a trustee for misconduct or actions detrimental to the trust
02
Whether hostility between trustee and beneficiary justifies removal if it affects administration

Party arguments

Applicant: The trustee has engaged in misconduct or actions detrimental to the trust, or there is hostility affecting administration.
Respondent: The trustee should not be removed as the grounds are insufficient or do not affect administration.

Court’s reasoning

Legal principles

01
[1987] JLR 414

The court has discretion to remove a trustee if there is misconduct, actions detrimental to the trust, or hostility between trustee and beneficiary affecting administration.

Ratio, limits and disposition

Ratio decidendi

The court may remove a trustee if misconduct or actions detrimental to the trust are proven, or if hostility between trustee and beneficiary affects the administration of the trust.

Court disposition

Not specified

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Judgment text

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Judgment

[1987] JLR 414

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[1987] JLR 414

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