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Jersey Case Law

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Trusts [2024] JRC 124

Representation of BOS Trustees Limited

Representation of BOS Trustees Limited [2024] JRC 124 (28 May 2024)

The Jersey Royal Court refused a trustee leave to distribute ÂŁ1 million to a beneficiary after late adverse claims to the trust assets emerged, including a draft Order of Justice and amended pleadings.

  • Distribution-of-trust-assets
  • Third-party-claims
  • Beneficiary-status
  • Paraphernal-assets
  • Trustee-discretion
  • 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 [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-and-estates [2021] JRC 248

In the matter of The Piedmont Trust and the Riviera Trust

In the matter of The Piedmont Trust and the Riviera Trust [2021] JRC 248 (05 October 2021)

The Jersey Royal Court approved trustees’ proposed termination and distribution of two family trusts, rejecting conflict and letters-of-wishes objections.

  • Trustee-powers-and-discretions
  • Court-blessing-of-trustee-decisions
  • Conflict-of-interest
  • Letters-of-wishes
  • Protector's-role
  • Tax-consequences-of-trust-distributions
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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

In the matter of Q Trust

The Royal Court blessed Herald Trustees Limited’s decision to distribute the Q Trust assets and terminate the trust, and gave directions on share certificates.

  • Blessing-of-trustee-decision
  • Distribution-of-trust-assets
  • Trustee-conflict-of-interest
  • Letters-of-wishes
  • Trust-termination
  • Share-certificates-and-security-interest
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Trusts [2014] 1 JLR 199

In re Y Trust v

In re Y Trust v [2014] 1 JLR 199 (28 January 2014)

The court approved a trustee’s refusal to disclose trust information to a non-beneficiary, finding the decision was made in good faith, reasonable, and conflict-free.

  • Disclosure-of-trust-information
  • Trustee's-discretion
  • Court's-role-in-trust-administration
  • Trusts
  • Trustee-discretion
  • Trust-disclosure
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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-law [2013] 2 JLR 324

In re Onorati Settlement v

In re Onorati Settlement v [2013] 2 JLR 324 (17 September 2013)

The court set aside a trustee’s appointment of the entire trust fund after finding the trustee failed to consider serious adverse tax consequences for UK-resident beneficiaries.

  • Exercise-of-trustee-discretion
  • Hastings-bass-principle
  • Fiduciary-duty
  • Tax-consequences-of-trust-dispositions
  • Trusts-law
  • Trustee-discretion
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Trusts-and-estates

In the matter of A as trustee of the D Trust

The Royal Court approved a trustee’s proposal to appoint all D Trust assets to selected beneficiaries and a foundation, finding the decision within power and reasonable.

  • Trustee-powers
  • Appointment-of-trust-assets
  • Ratification-of-trustee-decision
  • Discretionary-trust
  • Beneficiary-interests
  • Discretionary-trusts
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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.