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In the matter of the Helsef Family Trust ) (the Trust) the trustees sought the assistance of the High Court to rectify the terms of the Trust to complete the definition of final beneficiaries, which had been left incomplete in error. As noted at [9] and [10]: [9] Where there has been a mistake in … Continue reading
In Estate of Clement Grau J declines to validate a will that was made shortly before the deceased died from surgical complications. The application, which was unopposed, proceeded in the papers. An affidvit filed in the proceedings by the deceased’s former partner raised “red flags” regarding the: As noted at [8]: [8] On 29 April … Continue reading
In De Rooy v Coleman Brewer J is tasked with determining the validity of a will not on account of any question as to testamentary capacity; but as to whether the will was procured by means of undue influence. The will that is the subject of this enquiry is that of Mr Johan de Rooy … Continue reading
Section 118 of the Trusts Act 2019, which provides that persons who become trustees may complete any formal requirements necessary for the divesting and vesting of trust property on behalf of a former trustee who loses capacity to perform the functions of a trustee, fails or refuses to assist in any transfer. However, where a … Continue reading
In the matter of the Estate of Hyman Marks the High Court was asked to approve a trustee fee of $5,000 per annum. By way of background as noted at [4]: “The trust fund was established under the Will of the late Hyman Marks, who died on 22 May 1895. Since then, various trustees have … Continue reading
It is common for appointment as a final beneficiary to be considered a higher ranking appointment than a disretionary beneficiary. However, what does it really mean to be a final beneficiary? Fundamentally, this might often be no more than the right to receive all or part of the remaining trust assets (if any) when the … Continue reading
As noted at [20(a)] of Newton v Dunasemant “While the dramatic change in the terms of the 2021 will from those of the 2016 will might give rise to an initial presumption of undue influence, Christine’s evidence and that of Mr Fitzgerald rebut that presumption by elaborating on the disconnect between Fraser and Mrs Newton … Continue reading
V Trustees Limited (the Trustee) was concerned to protect the position of C who was the beneficiary of a trust much diminished due to the actions of her litigious brother, A, whose conduct had caused substantial losses with “no signs of the attacks abating.” The matter came before the Jersey Royal Court on an application … Continue reading
The Minister of Revenue introduced the Taxation (Annual Rates for 2025–26, Compliance Simplification, and Remedial Measures) Bill (the Bill) into the House on 26 August 2025. Amongst other things the Bill proposes: References
An undischarged bankrupt can only be appointed as a trustee with court consent. In an Application by Peter-Richard Prescott for appointment as a trustee the Court considers an application by a trust’s “Principal Family Member” who holds the power of appointment and wishes to appoint himself as a trustee notwithstanding that he is an undischarged … Continue reading
Matters of Trust 