West v Lazard Bros. & Co. (Jersey) Ltd. [1987] JLR_Note 22a (28 October 1987)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
The court held that a person named in a settlor's letter of wishes is not a beneficiary of a discretionary trust unless expressly named in the trust instrument.
Court disposition
application dismissed
02
Material facts
Parties
West
ApplicantLazard Bros. & Co. (Jersey) Ltd.
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether a person named in a settlor's letter of wishes is a beneficiary of a discretionary trust
Party arguments
- Applicant
- The applicant contended that being named in the settlor's letter of wishes confers beneficiary status under the discretionary trust.
- Respondent
- The respondent argued that only those expressly named as beneficiaries in the trust instrument are beneficiaries, and a letter of wishes does not confer such status.
05
Court’s reasoning
Legal principles
- 01
Jersey trust law
A person named in a settlor's letter of wishes is not a beneficiary of a discretionary trust unless expressly named in the trust instrument.
06
Ratio, limits and disposition
Ratio decidendi
The court held that a person named in a settlor's letter of wishes is not a beneficiary of a discretionary trust unless expressly named in the trust instrument.
Court disposition
application dismissed
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> West v Lazard Bros. & Co. (Jersey) Ltd. [1987] JLR_Note 22a (28 October 1987) URL: https://www.bailii.org/je/cases/JLR/1987/JLR87N022a.html Cite as: [1987] JLR_Note 22a [ New search ] [ Help ] West v Lazard Bros. & Co. (Jersey) Ltd. 1987 JLR Note 22a (28 October 1987) BENEFICIARIES-discretionary trust-person named in settlor's "letter of wishes" not "beneficiary" The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1987 JLR Note 22a BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1987/JLR87N022a.html
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