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Jersey Case Law

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Trusts [2017] JRC 061

In the matter of the D Settlement

In the matter of the D Settlement [2017] JRC 061 (10 April 2017)

The Jersey Royal Court approved a trustee’s proposal to restructure trust assets to implement a divorce order, finding the decision reasonable, in good faith, and not a fraud on the power.

  • Trustee-powers
  • Fraud-on-a-power
  • Divorce-proceedings
  • Capital-appointment
  • Tax-consequences
  • Trusts
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Trusts-and-estates [2015] JRC 196C

Representation of the Z Trusts

Representation of the Z Trusts [2015] JRC 196C (23 September 2015)

The court set aside the appointment of new trustees to an insolvent Jersey trust, holding the fiduciary power had to be exercised for all creditors as a class.

  • Fiduciary-powers
  • Appointment-of-trustees
  • Insolvent-trusts
  • Fraud-on-a-power
  • Duties-to-creditors-vs-beneficiaries
  • Trusts-and-estates
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Trusts [2015] JRC 059

In the matter of the Y Trust

In the matter of the Y Trust [2015] JRC 059 (25 March 2015)

The Royal Court accepted a trustee’s surrender of discretion, approved closure of a trust beneficiary class, and directed distributions to implement a divorce settlement.

  • Surrender-of-trustee-discretion
  • Termination-of-trust
  • Distribution-of-trust-assets
  • Fraud-on-a-power
  • Exclusion-of-beneficiaries
  • Trust-law
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Trust-law [2008] JRC 013

In the matter of the Bird Trust

In the matter of the Bird Trust [2008] JRC 013 (28 January 2008)

The court held that Mr Kaplan had not effectively resigned as protector of the Bird Purpose Trust, but Ghirlandina was validly appointed as protector of the Bird Charitable Trust.

  • Appointment-of-protector
  • Appointment-of-trustees
  • Fraud-on-a-power
  • Resignation-of-protector
  • Validity-of-trust-appointments
  • Trust-law
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Trusts-and-estates [2002] JRC 119B

re X Trust M convened v

re X Trust M convened v [2002] JRC 119B (13 June 2002)

The Royal Court approved a trustee’s proposed distributions to help a beneficiary comply with divorce-related financial orders, holding they were not a fraud on a power.

  • Trustee-powers
  • Fraud-on-a-power
  • Discretionary-trusts
  • Financial-provision-on-divorce
  • Divorce-financial-provision
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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.