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ARTICLE · 18 JULY 2008

No Power To Vary A Fixed Trust

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In the recent case of In the Matter of the Turino Consolidated Ltd. Retirement Trust [2008] JRC100, the Royal Court considered the variation of a fixed trust.

JerseyWealth Management

In the recent case of In the Matter of the Turino Consolidated Ltd. Retirement Trust [2008] JRC100, the Royal Court considered the variation of a fixed trust.

ISSUES DECIDED

The Royal Court confirmed that the general supervisory power of the court arising from Article 51 of the Trusts (Jersey) Law 1984 ("the Law") does not confer a power on the Royal Court to vary the terms of a fixed trust.1

It held that the Royal Court cannot enforce or give effect to any judgment of a foreign court which purports to vary a fixed trust as the Royal Court cannot give effect to an order which it has no power to make or which the trustees have no power to carry out. The Court can only act in accordance with the terms of the trust and the law.

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