Life, death and reincarnation: the Hastings-Bass principle in Jersey
The rule in Re Hastings-Bass, in Jersey, in its present form, is as follows.
Where trustees act under a discretion given to them by the terms of the trust, and they act within the parameters of that discretionary power, but their exercise of discretion has effects other than those which they intended, the court will set it aside if it is clear that those trustees would not have acted as they did had they not failed to take into account considerations which they ought to have taken into account, or taken into account considerations which they ought not to have taken into account.
It is not a prerequisite that there has been a breach of duty by the trustees (or by their advisers or agents)…
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