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ARTICLE · 28 FEBRUARY 2019

Undue Influence Affecting Settlors In Exercising Powers Of Revocation

In a recent decision, arising out of a long running family dispute concerning two trusts, the Royal Court made a number of notable findings regarding the scope and effect of undue influence in a trusts context.

JerseyCorporate/Commercial Law

Representation of Jasmine Trustees [2018]JRC210

In a recent decision, arising out of a long running family dispute concerning two trusts (the trusts), the Royal Court made a number of notable findings regarding the scope and effect of undue influence in a trusts context.

Background

The Trusts, which were established principally for the benefit of the family of a wealthy businessman, have been the subject of long running litigation owing to a breakdown in relationship between the father and daughter.

The most recent decision arose out of an attempt, by the settlors of the trusts, to exercise their power to revoke the trusts by serving notices of revocation on the trustees of each trust (the revocation notices). The trustee was concerned about these actions and so petitioned the Royal Court for directions.

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