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ARTICLE · 23 NOVEMBER 2020

To Intervene Or Not Intervene?

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Consideration is often given as to the circumstances when the courts may intervene in the administration of Jersey trusts.

JerseyCorporate/Commercial Law

Limits on the Court's Intervention in the Administration of Jersey Trusts

Consideration is often given as to the circumstances when the courts may intervene in the administration of Jersey trusts. That in turn gives rise to issues as to the interrelationship between the inherent and statutory supervisory jurisdiction of the court over Jersey trusts on the one hand, and the setting aside of decisions by trustees on the grounds of impropriety on the other hand.

These issues came into stark relief in the interesting recent Royal Court decision in B v Erinvale PTC [2020] JRC 213.

Background

The case arose against the background of matrimonial proceedings commenced by the Settlor (S) of a discretionary Jersey Trust against his wife (B). B had the status of a beneficiary of the Trust as the "Settlor's Spouse".

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