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Trusts: Refusal of Blessing Application

 Representation of X Trustees Limited re D and E Trusts [2023] JRC 075 – This heavily redacted judgment is another case in which the Royal Court has declined to bless a decision of a trustee. A major concern of the Court was a potential conflict of interest on the part of the trustee. The conflict was not so pervasive as to require it to surrender the trustee’s discretion but it nevertheless had not been sufficiently acknowledged and addressed in the evidence of the trustee’s deliberations. There were also concerns that a worst-case tax scenario had not been taken into account and about the objectivity of certain asset valuations accepted by the trustee.

Bridgeford A, WDJL 7 to 13 August 2023