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

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

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.

Citation
[1987] JLR 414
Parties
Applicant: West; Respondent: Lazard Bros.
Jurisdiction
Jersey
Judgment Date
21 January 1988
Procedural Posture
Trusts / Application for Removal of Trustee
Outcome
Not specified
Legal Topics
Removal of Trustees, Court Discretion, Trustee Misconduct, Hostility Between Trustee and Beneficiary
Trusts Removal of Trustees Court Discretion Trustee Misconduct Hostility Between Trustee and Beneficiary

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Parties

West

Applicant

Lazard Bros.

Respondent

Procedural Posture

Trusts / Application for Removal of Trustee

Legal Issues

  1. 1 Whether the court should exercise its discretion to remove a trustee for misconduct or actions detrimental to the trust
  2. 2 Whether hostility between trustee and beneficiary justifies removal if it affects administration

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