Disclosure of information by beneficiaries and the Court's jurisdiction to give directions

In this case the Court gave directions under Article 51 of the Trusts
(Jersey) Law 1984 (the equivalent provision in Guernsey is section 69 of
the Trusts (Guernsey) Law 2007) that a beneficiary disclose information to
a trustee. This note looks at the circumstances in which the Court came
to give such directions, and identifies an alternative basis on which the
Court could have made the same orders.
Representation re the E Settlement [2010] JRC 85, 4 May 2010
Commissioner Clyde-Smith, Jurats Clapham and Liddiard
The Facts
The AE, IE and CE settlements (the "E Settlements") were three trusts
administered by the same Jersey trustee (the "Trustee"). The trusts were
settled by three brothers (now deceased) and the family of each brother
were the principal beneficiaries of each settlement. The assets of each
settlement were held through a jointly owned Jersey company ("S")
which was also administered by the Trustees. S held interests in a
number of Irish companies. Members of one of the three families (the
"CE directors") controlled and managed these companies for the benefit
of all three settlements.
Between 2001 and 2002 the beneficiaries of the AE and.....

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