Family Context Is Key In Blessing Applications (Re Z Trust (Jersey))

Private Client analysis: In a 'Public Trustee v Cooper'-style blessing application, the Royal Court of Jersey gave its sanction to the in-principle decision of J Trustee Ltd (the 'Trustee') to 'account to the Fourth and Fifth Respondents for certain forgone 2014/2015 capital distributions, paying them amounts equal to the sums forgone, and thereafter to distribute, gross of any tax payable, the assets of the Z Trust' (the 'Trust').

The application was brought under Article 51 of the Trusts (Jersey) Law 1984. Article 51(1) of the Law reads, 'A trustee may apply to the court for direction concerning the manner in which the trustee may or should act in connection with any matter concerning the trust and the court may make such order, if any, as it thinks fit'. This decision is of wider relevance as: (i) the Settlors were not convened to the hearing; (ii) the Trustee was minded to split the assets of the Trust equally among the six sibling-Beneficiaries (four sisters