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Jersey Case Law

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Trust law [2019] JRC 223A

Representation of Equity Trust (Jersey) Limited re Longthorne Trust 11-Nov-2019

Representation of Equity Trust (Jersey) Limited re Longthorne Trust 11-Nov-2019 [2019] JRC 223A (11 November 2019)

The Royal Court of Jersey blessed a trustee’s decision to sell trust-owned property, finding the sale reasonable, made in good faith, and necessary to meet trust liabilities.

  • Trustee decision blessing
  • Conflict of interest
  • Discretionary trust
  • Sale of trust property
  • Trustee-blessing
  • Conflict-of-interest
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Trusts and estates

In the matter of A as trustee of the D Trust

The Royal Court approved a trustee’s proposal to appoint all D Trust assets to selected beneficiaries and a foundation, finding the decision within power and reasonable.

  • Trustee powers
  • Appointment of trust assets
  • Ratification of trustee decision
  • Discretionary trust
  • Beneficiary interests
  • Trustee-powers
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Trusts [2010] JRC 114A

Representation of U

Representation of U [2010] JRC 114A (17 June 2010)

Royal Court approved a trustee’s decisions not to join English divorce proceedings, not to repay a loan or make distributions, and to disclose trust information to the settlor.

  • Discretionary trust
  • Trustee discretion
  • Divorce proceedings
  • Maintenance
  • Distribution of trust assets
  • Disclosure of information
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Trust law [2009] JRC 025B

In the matter of the Sanne Trust Company Limited

In the matter of the Sanne Trust Company Limited [2009] JRC 025B (16 February 2009)

The court rectified a Jersey family trust after finding it had been drafted as a discretionary trust by mistake rather than the intended interest in possession trust.

  • Rectification of trust
  • Mistake in trust drafting
  • Interest in possession trust
  • Discretionary trust
  • Confidentiality of beneficiaries
  • Trust-rectification
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Trusts [2005] JRC 130

HSBC Trustees Ci Ltd -v- Rearden and Ors

HSBC Trustees Ci Ltd -v- Rearden and Ors [2005] JRC 130 (21 September 2005)

The court varied a trust deed to insert a trustee remuneration clause, finding it was in the beneficiaries’ interests and consistent with the settlor’s intention for professional trustees.

  • Variation of trust
  • Trustee remuneration
  • Discretionary trust
  • Professional trustee
  • Variation-of-trust
  • Trustee-remuneration
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Trusts [2002] JLR 377

In re X Trust v

In re X Trust v [2002] JLR 377 (13 June 2002)

The court held that trustees may distribute to a beneficiary under a discretionary trust to enable compliance with a divorce financial provision order, without committing a fraud on power.

  • Fraud on power
  • Discretionary trust
  • Financial provision on divorce
  • Fraud-on-power
  • Discretionary-trust
  • Trustees-powers
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Trusts

West v Lazard Bros. & Co. (Jersey) Ltd.

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

The court held that a person named only in a settlor’s letter of wishes is not a beneficiary of a discretionary trust unless named in the trust deed.

  • Discretionary trust
  • Beneficiaries
  • Letter of wishes
  • Trusts
  • Discretionary-trust
  • Letter-of-wishes
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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.