Royal Court of Jersey case Re B & C clarifies the principles for setting aside a disposition of assets into a nominee arrangement on the ground of donor’s mistake. Paul Matthams explains In applying the relevant test, it was still a requirement for the court to be satisfied that the donor or settlor would not …
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Wills & Trusts Law Reports | Winter 2022 #189The trustees of two Jersey trusts known as the Piedmont Trust and the Riviera Trust made a Public Trustee v Cooper Category 2 type application for a ‘blessing’ of their decision to make distributions that would exhaust the funds of those trusts.
Detailed background to the trusts and of disputes that had previously arisen in relation to them was set out in Re Jasmine Trustees Ltd and Piedmont Trust [2015] (the 2015 judgment) and Re Piedmont Trust and Riviera Trust [2018] (the 2018 judgment).
The Piedmont Trust was a revocable discretionary trust es...
Wills & Trusts Law Reports | Winter 2020 #181Leonard Dunthorn (Mr Dunthorn) died in 2018, leaving a will pursuant to which the residue of his estate, after a pecuniary legacy, was to pass to his sister Ruby Watts (Mrs Watts), provided she survived him by 28 days. If she did not do so, the residue was to be divided between ten named charities. Mrs Watts survived Mr Dunthorn by more than 28 days and became entitled to his residue. She in turn passed away in 2019, leaving a will which left her residue (after a number of pecuniary legacies) to 11 named charities, the first ten of which were those charities that had been named in Mr Dun...
Wills & Trusts Law Reports | June 2016 #160The applicants, three trustees of the F Trust and the A Settlement (the trusts), applied, pursuant to s47A of the Trustee Act 1975 and/or the inherent jurisdiction of the Court, to set aside deeds of appointment and retirement of trustees executed in 2005 and 2008, respectively, to the extent that they appointed the first defendant as a trustee.
The F Trust and the A Settlement were established in Bermuda with the same corporate trustee in 1958 and 1968 respectively. Individual trustees were subsequently appointed. The first defendant, a British resident, was app...
Wills & Trusts Law Reports | December 2015 #155This was an application by two beneficiaries of the Onorati Settlement, a Jersey discretionary trust (the trust), to set aside a deed of appointment distributing the trust fund to them. The application was made under the so-called principle in Hastings-Bass on the basis that the trustee had failed to take into account considerations which they ought to have taken into account when exercising their discretion, namely the UK tax consequences of making the appointment. Their application was on the basis that the Respondent (the trustee) had failed to take adequate tax advice.
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Mark Feeny reviews the 33rd edition of the classic Snell’s Equity As a seasoned campaigner, now into my fourth decade of trust practice, I imagine that a lot of what I do on a daily basis is guided by instinct. That instinct has been honed by learning from the many mistakes which lie in wait …
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Robert Gardner looks at how Jersey trustees should avoid a breach of duty when faced with the risk of tax liabilities, with reference to the Onorati Settlement ‘Trustees should, as a minimum, ensure tax advice is received (and reviewed by the trustee) when transactions with possible tax exposures are entered.’ Jersey trustees have received little …
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Alexander Learmonth weighs up the latest edition of Risk and Negligence in Wills, Estates, and Trusts Readers of this journal will have been eagerly awaiting the second edition of this excellent book. They will not be disappointed. The first edition stated the law as at 1 August 2008 and in this fast-moving area of the …
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Brudenell-Bruce offers salutary lessons about the self-dealing rule, as Simon Atkinson explains ‘Brudenell-Bruce provides a restatement of the law relating to estoppel by deed and applies principles of construction to deeds and consent orders.’ For chancery practitioners Brudenell-Bruce (Earl of Cardigan) v Moore and Cotton [2012] provides valuable guidance in a number of areas. The …
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Marilyn McKeever discusses the implications of the Supreme Court decision in Futter v Futter and Pitt v Holt ‘The Hastings-Bass jurisdiction applies where the trustee or other person has failed to take into account any relevant considerations or took into account irrelevant considerations and would not have taken the action they did but for that …
Continue reading "Trustees: Back on the right course?"
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