West v Lazard Bros. & Co. (Jersey) Ltd. [1987] JLR_Note 22a (28 October 1987)

West v Lazard Bros. & Co. (Jersey) Ltd. [1987] JLR_Note 22a (28 October 1987)

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.

Parties
Applicant: West; Respondent: Lazard Bros. & Co. (Jersey) Ltd.
Jurisdiction
Jersey
Judgment Date
28 October 1987
Procedural Posture
Civil / Judgment
Outcome
application dismissed
Legal Topics
Discretionary Trust, Beneficiaries, Letter of Wishes

Case Brief

Summary, issues, holding and outcome

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Parties

West

Applicant

Lazard Bros. & Co. (Jersey) Ltd.

Respondent

Procedural Posture

Civil / Judgment

  1. 1 Whether a person named in a settlor's letter of wishes is a beneficiary of a discretionary trust

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