Removal of a Trustee

In the matter of ‘18th August Trust’ (Lombardo v Lombardo) Royal Court unreported judgement 25 August 2006

Facts

The Representors, beneficiaries under a Jersey Trust, sought to remove the trustee. The Respondents, also beneficiaries of the same trust, resisted the application. The trustee adopted an impartial approach to the argument between the two sets of beneficiaries. The representative of the trustee stated that the trustee was prepared to retire from the trusteeship if requested by all beneficiaries of the trust, but as the beneficiaries were divided, the trustee thought it proper to continue serving as trustee, placing its future in the hands of the Court. Essentially, the case for removal boiled down to two contentions: firstly, that the Representators had lost faith in the Trustees, and secondly it was suggested that the Trustee had behaved incompetently to such an extent that its removal from office was justified.

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