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Jersey Case Law

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Trusts [2023] JRC 222

In the matter of Vistra Corporate Services Ltd re: Ennismore Fund Management Ltd EBT

In the matter of Vistra Corporate Services Ltd re: Ennismore Fund Management Ltd EBT [2023] JRC 222 (09 October 2023)

The Royal Court of Jersey blessed a trustee’s revised decision to distribute trust assets to Mr Vigeland, holding it was a reasonable exercise of discretion.

  • Discretionary trusts
  • Employee benefit trusts
  • Trustee discretion
  • Distribution of trust assets
  • Clawback agreements
  • Fiduciary duties
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Trusts [2020] JRC 213

B v Erinvale PTC Limited and Ors 15-Oct-2020

B v Erinvale PTC Limited and Ors 15-Oct-2020 [2020] JRC 213 (15 October 2020)

The Jersey Royal Court set aside a trustee decision refusing to add B as a beneficiary in her own right, holding the refusal was unreasonable.

  • Discretionary trusts
  • Addition of beneficiaries
  • Matrimonial proceedings
  • Jurisdiction of court under article 51 trusts (jersey) law 1984
  • Conflict of interest in trustees
  • Supervisory jurisdiction of court over trustees
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Trusts [2018] JCA 219

B and C v Virtue Trustees (Switzerland) AG and Ors re The C Trust

B and C v Virtue Trustees (Switzerland) AG and Ors re The C Trust [2018] JCA 219 (29 November 2018)

The Court of Appeal held that a Jersey trust deed should be rectified because the appointment of D as protector unintentionally affected the exclusion rules and the settlor’s intended powers.

  • Rectification of voluntary settlements
  • Mistake in trust instruments
  • Beneficiary exclusion
  • Discretionary trusts
  • Trust-rectification
  • Voluntary-settlements
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Trust law [2015] JRC 267A

In the matter of the R Trust

In the matter of the R Trust [2015] JRC 267A (22 December 2015)

The Jersey Royal Court approved trustees’ decision to add the settlor as beneficiary and distribute trust assets for the children’s benefit, subject to consent and safeguards.

  • Discretionary trusts
  • Beneficiary appointment
  • Distribution of trust assets
  • Foreign court orders
  • Children's welfare
  • Trust-law
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Trust law [2014] JRC 254A

Rep of Otto Poon Trust

Rep of Otto Poon Trust [2014] JRC 254A (19 December 2014)

The Jersey Royal Court approved a trustee’s distribution to a husband to satisfy a Hong Kong divorce award and upheld excluding the wife as a beneficiary.

  • Discretionary trusts
  • Exclusion of beneficiary
  • Distribution of trust assets
  • Divorce ancillary relief
  • Clean break orders
  • Trust-law
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Trusts [2014] 2 JLR 25

In re Tantular v

In re Tantular v [2014] 2 JLR 25 (10 June 2014)

The court held that a discretionary trust beneficiary was not beneficially entitled to trust assets, so saisie judiciaire could not be granted over them solely on that basis.

  • Discretionary trusts
  • Beneficial interest
  • Proceeds of crime (jersey) law 1999
  • Saisie judiciaire
  • Discretionary-trusts
  • Beneficial-interest
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Trusts [2014] JRC 128

Tantular-v -AG

Tantular-v -AG [2014] JRC 128 (10 June 2014)

The court held that a beneficiary of a discretionary trust is not beneficially entitled to all trust assets for confiscation purposes, though transfers into the trust may still be reachable.

  • Confiscation orders
  • Realisable property
  • Discretionary trusts
  • Proceeds of crime
  • Discretionary-trusts
  • Confiscation-orders
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Trusts

In re Y Trust v

In re Y Trust v [2011] JLR_Note 34 (04 August 2011)

Application concerning a discretionary trust in which the trustees sought the court’s sanction for exercising their discretion within the trust’s powers.

  • Discretionary trusts
  • Trustees' exercise of discretion
  • Sanction of court
  • Trusts
  • Discretionary-trusts
  • Trustees-discretion
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Trusts [2011] JRC 135

In the matter of Y Trust

In the matter of Y Trust [2011] JRC 135 (07 July 2011)

The Jersey Royal Court rectified a trust deed and sanctioned a trustee’s final distribution decision, holding the allocation was rational despite unfair treatment concerns.

  • Trustee powers
  • Discretionary trusts
  • Rectification
  • Momentous decision applications
  • Beneficiary rights
  • Legitimate expectation
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Trusts [2009] JRC 164A

GL -v- Nautilus Trustees Limited

GL -v- Nautilus Trustees Limited [2009] JRC 164A (14 August 2009)

The court set aside a trust and related transfers for mistake, holding the settlor believed the trust could make favourable loans to him when it could not.

  • Mistake in voluntary transactions
  • Setting aside trusts
  • Beneficiary rights
  • Discretionary trusts
  • Trust-mistake
  • Setting-aside-trusts
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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.