Trustee directions applications: what is the function of the court?
The Royal Court of Jersey recently faced a trustee’s application seeking the court’s blessing of its refusal to disclose trust information to a former beneficiary.
On the facts, the case was straightforward: documents were not being sought in order for the former beneficiary to hold the trustee to account but to support proceedings that might have involved an attack on the trust assets, and the court agreed that it was not in the interests of the beneficiaries as a whole that the disclosure be given.
However, the question arose as to the function of the court in such an application; was it for the court to exercise its own discretion? Or was the court’s role limited to reviewing the proposed exercise of the trustee’s discretion? …
Click on the link below to read the rest of the Ogier briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Ogier
News from The Lawyer
Briefings from Ogier
Waivers are out, so here is a checklist on what to do under the new regime.
Hostile divorce case shows an application to surrender discretion to the Court should not be undertaken lightly.