Jersey court criticises trustee for not convening all beneficiaries to application for approval of momentous decisions (In the matter of the Arpettaz Settlement)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Private Client analysis: The Royal Court of Jersey has criticised the approach of a trustee to its application for approval of two momentous decisions involving settlement of English court proceedings and a proposed distribution and termination of the trust. The court said that fresh proceedings should have been brought and that all the relevant beneficiaries with an interest in the outcome should have been convened. While the court was prepared to approve the settlement, the trustee was forced to withdraw the remainder of the application. Written by Sam Williams, group partner at Collas Crill LLP (Jersey).