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Jersey Case Law

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Trusts [2023] JRC 192

Representation of IQ EQ (NTC Trustees) (Jersey) Ltd and Anor

Representation of IQ EQ (NTC Trustees) (Jersey) Ltd and Anor [2023] JRC 192 (21 October 2023)

The Royal Court rectified a deed of appointment and retirement to correct a drafting error, confirming Nautilus was validly appointed trustee of the Jersey trust.

  • Rectification of trust deed
  • Appointment of trustees
  • Trustee de son tort
  • Jurisdiction
  • Remuneration claims
  • Trust-deed-rectification
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Trusts [2022] JRC 179

Representation of Appledore Trustees Limited Re Blackberry Family Settlement

Representation of Appledore Trustees Limited Re Blackberry Family Settlement [2022] JRC 179 (30 August 2022)

The Jersey Royal Court held that a deed retiring the trustees and appointing Appledore was invalid because the power of appointment lay jointly with B and C.

  • Appointment of trustees
  • Rectification
  • Ratification
  • Fiduciary powers
  • Trustee de son tort
  • Appointment-of-trustees
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Trusts and estates [2017] JRC 178A

Tchengiuz -v- Rawling and Hunter Trustees SA and Others

Tchengiuz -v- Rawling and Hunter Trustees SA and Others [2017] JRC 178A (25 October 2017)

The court held that Fort Trustees Limited and Balchan Management Limited were validly appointed as co-trustees of the TDT and NS2 on different effective dates.

  • Appointment of trustees
  • Validity of trustee appointments
  • Protector powers
  • Notification of trustee appointment
  • Insolvent trusts
  • Convening creditors
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Trusts [2017] JRC 146

Crociani -v- Crociani

Crociani -v- Crociani [2017] JRC 146 (11 September 2017)

The Royal Court of Jersey held that clause 11 of the Grand Trust could not be used to benefit Madame Crociani, invalidating the 2010 appointment and related transactions.

  • Validity of trust appointments
  • Breach of trust
  • Fraud on power
  • Mistake
  • Trustee indemnity
  • Appointment of trustees
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Trusts [2017] JRC 101

Crociani -v- Crociani

Crociani -v- Crociani [2017] JRC 101 (30 June 2017)

The Royal Court of Jersey granted consent for trustees to bring foreign proceedings to preserve the value of a promissory note linked to the Grand Trust.

  • Appointment of trustees
  • Assignment of trust assets
  • Jurisdiction
  • Anti-suit injunction
  • Preservation of trust property
  • Trusts
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Trusts [2016] JRC 113

WTHK and Valentin -v- UBS Trustees (Jersey) Ltd

WTHK and Valentin -v- UBS Trustees (Jersey) Ltd [2016] JRC 113 (01 July 2016)

The court held that additional trustees were validly appointed to three Jersey trusts and that the trustees could act by majority decision under the trust deeds.

  • Appointment of trustees
  • Majority decision-making
  • Asset freezing
  • Fiduciary agreements
  • Trusts
  • Trustee-appointment
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Trusts [2016] JRC 099

Rep of WTHK Ltd and Valentin NZ Ltd -v- UBS Trustees

Rep of WTHK Ltd and Valentin NZ Ltd -v- UBS Trustees [2016] JRC 099 (27 May 2016)

The Jersey Royal Court held that the representors were validly appointed as additional trustees, but limited its declaration on their powers to avoid deciding criminal law issues.

  • Appointment of trustees
  • Fiduciary powers
  • Money laundering
  • Asset freezing
  • Conflict of laws
  • Trusts
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Trusts law [2016] 1 JLR 409

In re Antares Trust

In re Antares Trust [2016] 1 JLR 409 (27 May 2016)

The court upheld the appointment of additional trustees in very unusual circumstances to avoid loss of trust assets and address a trustee conflict of interest.

  • Appointment of trustees
  • Conflict of interest
  • Asset protection
  • Trusts-law
  • Appointment-of-trustees
  • Conflict-of-interest
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Trusts [2016] JRC 065

Representation of the A Settlement

Representation of the A Settlement [2016] JRC 065 (17 March 2016)

The Royal Court of Jersey appointed new trustees of a Jersey-governed settlement after finding jurisdiction, standing, and no available person with power to appoint trustees.

  • Appointment of trustees
  • Jurisdiction of court over trusts
  • Missing trust deed
  • Change of proper law
  • Consent of beneficiaries and protector
  • Appointment-of-trustees
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Trusts law [2016] 1 JLR 132

In re Z Trust

In re Z Trust [2016] 1 JLR 132 (22 February 2016)

The court held that a trustee appointment may be invalid or voidable where the appointor breaches fiduciary duty, acts irrationally, or fails to consider relevant consequences.

  • Appointment of trustees
  • Fiduciary duty
  • Validity of trustee appointment
  • Mistake in exercise of power
  • Failure to consider consequences
  • Trusts-law
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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.