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Jersey Case Law

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Trusts [2021] JRC 124

Kea Investments v Watson and Ors 28-Apr-2021

Kea Investments v Watson and Ors 28-Apr-2021 [2021] JRC 124 (28 April 2021)

The Royal Court refused to restrict Kea Investments' enforcement of additional loans owed by a Jersey trust, holding that beneficiaries could not block a creditor's rights.

  • ArrĂŞt entre mains
  • Beneficiaries' rights
  • Trust insolvency
  • Judgment enforcement
  • Priority of creditors
  • Arrete-entre-mains
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Trusts [2014] JRC 027

In the matter of the Y Trust

In the matter of the Y Trust [2014] JRC 027 (28 January 2014)

The Royal Court of Jersey blessed a trustee’s refusal to disclose trust information to a former beneficiary, finding the request was for a collateral purpose.

  • Disclosure of trust information
  • Trustee's discretion
  • Court's supervisory jurisdiction
  • Beneficiaries' rights
  • Non-intervention principle
  • Trust-disclosure
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Trusts and estates [2013] JRC 088

Garnham -v- PC and Others

Garnham -v- PC and Others [2013] JRC 088 (13 May 2013)

The court directed distribution in specie of Mirador to the residuary beneficiaries, ordered targeted enquiries into other possible estate assets, and dealt with clause 3(A) documents.

  • Executor duties
  • Distribution in specie
  • Beneficiaries' rights
  • Specific legacies
  • Administration of estate
  • Fiduciary duties
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Trusts [2012] JRC 127B

In the matter of HHH Trust

In the matter of HHH Trust [2012] JRC 127B (28 June 2012)

The Jersey Royal Court held that a beneficiary could not obtain wide disclosure from a settlor, limiting disclosure to documents tied to the settlor’s fiduciary powers.

  • Disclosure obligations of settlor
  • Fiduciary powers
  • Beneficiaries' rights
  • Supervisory jurisdiction of court
  • Pre-action disclosure
  • Employer duties under pension trusts
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Trusts

In re HHH Trust v

In re HHH Trust v [2012] 1 JLR_Note 6 (15 December 2011)

A Jersey trust note considering whether beneficiaries may obtain disclosure of trust documents, subject to the court’s discretion.

  • Beneficiaries' rights
  • Disclosure of trust documents
  • Trusts
  • Beneficiaries-rights
  • Disclosure-of-trust-documents
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Trust law [2009] JRC 120

Chvetsov -v- BNP Paribas

Chvetsov -v- BNP Paribas [2009] JRC 120 (19 June 2009)

The court allowed an appeal and struck out claims against a trustee’s nominee, holding no direct trust or tort duty was pleaded to beneficiaries.

  • Duties of agents and nominees
  • Liability of trustees
  • Strike out applications
  • Beneficiaries' rights
  • Exoneration clauses
  • Trust-law
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Trusts [2009] JLR 217

Chvetsov v BNP Paribas

Chvetsov v BNP Paribas [2009] JLR 217 (19 June 2009)

The court held that a trustee’s agent owes duties to the trustee, not directly to beneficiaries, and beneficiaries generally cannot sue the agent directly.

  • Duties of agents
  • Beneficiaries' rights
  • Derivative actions
  • Trusts
  • Beneficiaries-rights
  • Derivative-actions
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Trust law

Caversham Trustees Ltd. v Patel

Caversham Trustees Ltd. v Patel [2007] JLR_Note 30 (21 March 2007)

A Jersey trust note stating that a trust may be terminated at the request of all beneficiaries if they are of full age and capacity.

  • Termination of trusts
  • Beneficiaries' rights
  • Trust-law
  • Termination-of-trusts
  • Beneficiaries-rights
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Trusts

In re Bastiaan Broere v

In re Bastiaan Broere v [2004] JLR_Note 2 (14 January 2004)

A Jersey trust-law note on the scope of discovery available to a beneficiary, focusing on the court’s discretion and the limits on access to trust documents.

  • Discovery
  • Beneficiaries' rights
  • Trusts
  • Beneficiaries-rights
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Trust law

Stacho v Barclays Private Bank & Trust Ltd.

Stacho v Barclays Private Bank & Trust Ltd. [1998] JLR_Note 19a (10 February 1998)

A Jersey trust-law discovery note on whether beneficiaries may inspect trust documents. Discovery was granted, affirming beneficiaries’ right to access trust documents.

  • Beneficiaries' rights
  • Discovery of trust documents
  • Trust-law
  • Beneficiaries-rights
  • Discovery
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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.