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Jersey Case Law

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Trusts-and-estates [2024] JRC 187

Representation of K Trustees Limited re G Trust

Representation of K Trustees Limited re G Trust [2024] JRC 187 (15 September 2024)

Jersey Royal Court gave Beddoe relief in trust litigation, directing the trustees to defend hostile proceedings and authorising limited trust funding for related costs.

  • Beddoe-relief
  • Trustee-directions
  • Trustee-costs
  • Beneficiary-claims
  • Funding-litigation-from-trust-assets
  • Trust-litigation
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Trusts [2024] JRC 015

Representation of Ocorian Private Trustees (Jersey) Limited and Ocorian Limited Re T Trust

Representation of Ocorian Private Trustees (Jersey) Limited and Ocorian Limited Re T Trust [2024] JRC 015 (18 January 2024)

The Royal Court of Jersey partly blessed a trust distribution plan, rejected the French write-off allocation, approved the Property 1 approach in principle, and ordered taxation of costs.

  • Trustee-decision-making
  • Distribution-of-trust-assets
  • Allocation-of-losses
  • Quantum-and-allocation-of-costs
  • Court-blessing-of-trustee-actions
  • Trusts
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Trusts [2023] JRC 242

Representation of BOS Trustee Limited

Representation of BOS Trustee Limited [2023] JRC 242 (30 November 2023)

The Jersey Royal Court refused a trustee’s request to surrender its discretion on a proposed trust distribution, directed it to decide within 21 days, and allowed its costs.

  • Surrender-of-trustee-discretion
  • Trustee-costs
  • Beneficiary-status
  • Directions-to-trustees
  • Trustee-discretion
  • Trustee-directions
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Trusts-and-estates [2023] JRC 087

In the matter of the Representation of Ocorian Private Trustees (Jersey) Limited and Ocorian Limited - Re: Y Trust

In the matter of the Representation of Ocorian Private Trustees (Jersey) Limited and Ocorian Limited - Re: Y Trust [2023] JRC 087 (02 June 2023)

The court refused to bless a final trust distribution plan because the Trustees wrongly treated a French property loss as reducing a beneficiary's equalisation benefit.

  • Court-blessing-of-trustee-decisions
  • Distribution-of-trust-assets
  • Forced-heirship
  • Equalisation-of-trust-benefits
  • Trustee-indemnities
  • Trustee-costs-and-expenses
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Trusts-and-estates [2021] JRC 250

In the matter of The Piedmont Trust and the Riviera Trust

In the matter of The Piedmont Trust and the Riviera Trust [2021] JRC 250 (06 October 2021)

The Royal Court held that fiduciaries and beneficiaries were entitled to costs out of the trust funds on the indemnity basis, with costs apportioned 77% to the P Trust and 23% to the R Trust.

  • Trustee-indemnity-for-costs
  • Beneficiary-costs
  • Allocation-of-trust-costs
  • Administrative-proceedings
  • Costs-orders
  • Trusts-and-estates
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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
  • Trustee-litigation
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Trusts-and-estates [2014] JRC 056

Representation re Strathmullan Trust

Representation re Strathmullan Trust [2014] JRC 056 (04 March 2014)

The Royal Court of Jersey set aside the Strathmullan Trust for mistake, finding the settlor had overlooked deemed domicile rules that created unexpected UK inheritance tax liability.

  • Setting-aside-trusts-for-mistake
  • Inheritance-tax-liability
  • Trustee-indemnity-and-costs
  • Mistake-of-law-and-fact
  • Court-powers-under-trusts-(jersey)-law
  • Trusts-and-estates
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Trusts [2013] JRC 142

Trilogy Management Limited -v- YT and Others

Trilogy Management Limited -v- YT and Others [2013] JRC 142 (22 July 2013)

Costs ruling on a trust dispute: all three preliminary issues were treated as trust-administration matters, so costs came from the trust fund.

  • Trust-administration
  • Trustee-costs
  • Dividend-distribution
  • Articles-of-association
  • Beddoe-relief
  • Beneficiaries-dispute
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Trust-law [2010] JRC 054

Representation of Caversham Trustees Limited

Representation of Caversham Trustees Limited [2010] JRC 054 (11 March 2010)

The Royal Court discharged a trustee’s undertaking over retained trust funds after no party pursued a proprietary claim and no public-interest reason remained.

  • Discharge-of-undertaking
  • Proprietary-claims
  • Fraudulent-preference
  • Trustee-costs
  • Trust-law
  • Undertakings
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Trusts [2008] JRC 150

In the matter of the E, L, O and R Trusts.

In the matter of the E, L, O and R Trusts. [2008] JRC 150 (11 September 2008)

The Royal Court of Jersey held that a trustee in a plain conflict of interest should have retired by July 2006 and could not recover related fees or costs after 25 July 2006.

  • Removal-of-trustee
  • Conflict-of-interest
  • Trustee-costs
  • Fiduciary-duty
  • Trustee-removal
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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.