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Jersey Case Law

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Trusts and estates [2024] JRC 068

Representation of Equiom Trust (CI) Limited re Estate of the late Constantin Mattas

Representation of Equiom Trust (CI) Limited re Estate of the late Constantin Mattas [2024] JRC 068 (01 March 2024)

The Royal Court held that clause 11(vi)-(vii) created a trust, but it was invalid as a non-charitable trust for uncertainty of beneficiaries and indefinite duration.

  • Certainty of beneficiaries
  • Rule against perpetuities
  • Charitable trusts
  • Construction of wills
  • Sovereign immunity
  • Executory trusts
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Trusts [2023] JRC 036

Representation of Equiom Trust (CI) Limited re Will Trust of Hajsky

Representation of Equiom Trust (CI) Limited re Will Trust of Hajsky [2023] JRC 036 (06 March 2023)

The Jersey Royal Court approved a cy-près style application to transfer a small charitable trust’s assets to Brightly because the trust’s original purpose was impracticable.

  • Cy-près doctrine
  • Charitable trusts
  • Distribution of trust assets
  • Cy-pres-doctrine
  • Charitable-trusts
  • Trusts-law
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Trusts and equity [2021] JRC 319

Estate of the Late J. D. Hanson

Estate of the Late J. D. Hanson [2021] JRC 319 (17 December 2021)

The Jersey Royal Court held that Mr O'Leary breached his duties as bare trustee by transferring trust assets to a non-charitable foundation and ordered equitable compensation.

  • Breach of trust
  • Fraudulent misappropriation
  • Equitable compensation
  • Charitable trusts
  • Illegality doctrine
  • Breach-of-trust
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Trusts

Trilogy Management Limited (as Trustee Of three Charitable Sub-trusts) v. White Willow (trustees) Limited, Attorney General And Rbc Trustees (c.i.) Limited (as Trustee Of Five Charitable Sub-trusts)

Trilogy Management Limited (as Trustee Of three Charitable Sub-trusts) v. White Willow (trustees) Limited, Attorney General And Rbc Trustees (c.i.) Limited (as Trustee Of Five Charitable Sub-trusts) [2021] 1 JLR_Note 15 (13 May 2021)

A Jersey Law Reports note concerning administration of charitable sub-trusts and the scope of trustee powers and duties in a trust dispute.

  • Charitable trusts
  • Trustee powers
  • Charitable-trusts
  • Trustee-powers
  • Trusts
  • Charity-law
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Trusts and estates [2021] JRC 136

Trilogy Management Limited v White Willow (Trustees) Limited and Ors 13-May-21

Trilogy Management Limited v White Willow (Trustees) Limited and Ors 13-May-21 [2021] JRC 136 (13 May 2021)

The Royal Court held that the HSBC-share distribution crystallised on 18 September 2015, so White Willow could not top up later RBC payments for share-price falls.

  • Charitable trusts
  • Trustee remuneration
  • Distribution of trust assets
  • Valuation of in specie distributions
  • Equitable treatment of beneficiaries
  • Charitable-trusts
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Trusts and estates [2017] JRC 142

In the matter of the F Trust

In the matter of the F Trust [2017] JRC 142 (08 September 2017)

The Royal Court of Jersey sanctioned trustees of a charitable trust to continue debt-recovery litigation, but imposed cost-control conditions and required Attorney General consultation.

  • Beddoe application
  • Trustee powers
  • Charitable trusts
  • Costs and indemnity
  • Litigation by trustees
  • Beddoe-application
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Trusts [2017] JRC 024

Representation of A Ltd and in the matter of the B Trust

Representation of A Ltd and in the matter of the B Trust [2017] JRC 024 (14 February 2017)

The Jersey Royal Court rectified a 2007 trust deed so Mrs C became the sole beneficiary, finding a genuine mistake and no intention to benefit charity.

  • Rectification of trust deed
  • Mistake in trust administration
  • Beneficiary exclusion and addition
  • Trustee powers
  • Charitable trusts
  • Trust-rectification
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Civil procedure [2014] JRC 182

Trilogy Management -v- YT and Others

Trilogy Management -v- YT and Others [2014] JRC 182 (25 September 2014)

The Royal Court allowed Trilogy Management Limited to use most documents from private trust proceedings in English litigation, excluding pleadings and privileged material.

  • Use of documents from private proceedings
  • Implied undertaking
  • Legal professional privilege
  • Charitable trusts
  • Civil-procedure
  • Trusts
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Trusts [2013] JRC 016

Mrs C -v- RBC, Trilogy and YT

Mrs C -v- RBC, Trilogy and YT [2013] JRC 016 (24 January 2013)

The Jersey Royal Court refused to join the settlor’s widow to a Beddoes application concerning charitable trusts, finding existing parties could present the relevant evidence.

  • Beddoes application
  • Joinder of parties
  • Charitable trusts
  • Standing in trust proceedings
  • Beddoes-application
  • Joinder-of-parties
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Company law [2012] JCA 152

Trilogy Management v YT and Others

Trilogy Management v YT and Others [2012] JCA 152 (22 August 2012)

The Court of Appeal held that Article 96 required distributions only from profits of the year as determined by the accounting basis used for that year. For 2005, JY made a loss, so no mandatory dividend arose.

  • Interpretation of articles of association
  • Mandatory dividend provisions
  • Accounting standards in company law
  • Charitable trusts
  • Company-law
  • Articles-of-association
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About this LexChat collection

Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.