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Costs in trust applications: Jersey's Court of Appeal provides helpful guidance

February 2013 - Finance. Legal Developments by Ogier .

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In Trilogy Management -v- YT & Others [2012] JCA 204 Jersey's Court of Appeal has clarified the principles relating to the payment of costs in non-adversarial trust applications. In doing so, it has drawn together approaches established in a number of early cases, and consolidated the position in an area which it said had received only "sporadic consideration" previously. This case is of importance for all trustees who may be contemplating applications to the Court in these circumstances, for example the construction of a trust instrument or the correct administration of a trust. The case differentiates between the costs of trustees and beneficiaries/other convened parties, and also between costs at first instance and costs on appeal.