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ARTICLE · 02 AUGUST 2012

Judgement Summary: Trusts - Handover Of Documents On Change Of Trustees

Collas Crill
Collas Crill
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Collas Crill

Collas Crill

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In this recent case the Royal Court of Jersey considered the application by the present trustee of two Jersey law trusts (Present Trustee) for an order requiring a former trustee (Former Trustee) to disclose legal advice in relation to the trusts obtained by Former Trustee during its trusteeship.

JerseyCorporate/Commercial Law
Collas Crill
Collas Crill
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In the matter of the Bird Charitable Trust and the Bird Purpose Trust [2012] JRC006 5 January 2012, Jersey

In this recent case the Royal Court of Jersey considered the application by the present trustee of two Jersey law trusts (Present Trustee) for an order requiring a former trustee (Former Trustee) to disclose legal advice in relation to the trusts obtained by Former Trustee during its trusteeship.

The Facts

The settlor of the two trusts (Settlor) was indicted in the U.S. for offences relating to provision of internet gambling services to U.S. residents. As a result, Former Trustee, being trustee of the two trusts at that time, limited its contact with Settlor to avoid "tipping off" offences under applicable proceeds of crime legislation. This lack of communication led to a breakdown in their relationship.

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