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Rights of a beneficiary to information concerning a Jersey trust PDF Print E-mail
Wednesday, 30 March 2011 09:26

 

 

What are the principles governing the scope of the information and documents to which a beneficiary of a Jersey trust is normally entitled?

There are two bases on which a beneficiary might seek disclosure of documents in relation to a trust.
The first is in his capacity as a beneficiary in order to compel the due administration of the trust by the trustee.
The second is in his capacity as a litigant in the context of hostile litigation where the trustee is an adverse party, in relation to which the usual rules of discovery apply.  In this briefing we are concerned with the first situation, where a beneficiary seeks information/documents in order to call the trustee to account for its administration of the trust.
Before considering the key decisions (Re Rabaiotti 1989 Settlement (2000) JLR 173 in Jersey, and Schmidt v Rosewood [2003] 2 A.C 709 in the Privy
Council, Isle of Man) we will firstly set out the law in relation to beneficiary information rights.

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