In The Matter Of The [AAA] Children’s Trust

In the matter of the [AAA] Children's Trust (Royal Court, 8 January 2014, Sir Richard John Collas, Esq., Bailiff) the Royal Court of Guernsey gives important guidance to trustees on the decision-making process when reaching a "momentous decision". This judgment will be of interest to the trust industry and legal practitioners alike as the Court addresses what documents it would expect to see when considering whether or not to bless a decision. Throughout the judgment there are two recurring issues. The first was that it was unclear from the papers lodged by the Trustees whether or not a decision had in fact been made and/or what factors the Trustees took into account if they had made a decision. This led to the second issue relating to the duty of disclosure as it had become apparent during the course of the hearing that the Trustees had not given full and frank disclosure to the Court or the opposing parties. The Trustees' failure was described as unforgiveable. The