In re Y Trust [2017] 1 JLR 266 (30 June 2017)

If the court is satisfied that the variation is beneficial to the relevant beneficiaries, it is irrelevant that the variation may be contrary to the settlor's wishes.

Citation: [2017] 1 JLR 266
Parties: Applicant: Y Trust
Jurisdiction: Jersey
Judgment Date: 30 June 2017
Procedural Posture: Trust Variation Application / Application for Court Approval Under Trusts (jersey) Law 1984, Art. 47
Outcome: Application granted
Legal Topics: Variation of Trusts, Settlor's Wishes, Beneficiaries' Interests

Trusts Variation of Trusts Settlor's Wishes Beneficiaries' Interests

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Parties

Y Trust

Applicant

Procedural Posture

Trust Variation Application / Application for Court Approval Under Trusts (jersey) Law 1984, Art. 47

Legal Issues

1 Whether the court must follow the settlor's wishes when approving a variation of trust under Trusts (Jersey) Law 1984, art. 47

Ratio Decidendi

If the court is satisfied that the variation is beneficial to the relevant beneficiaries, it is irrelevant that the variation may be contrary to the settlor's wishes.

Court Disposition

Application granted

Orders

Variation of trust approved under Trusts (Jersey) Law 1984, art. 47