Wills & Trusts Law Reports | September 2013 #132Some of the beneficiaries (the representor beneficiaries) of two Jersey trusts applied for an order to remove the protector of each trust from office. The beneficiaries felt that their relationship with the protector had broken down. The majority of the other adult beneficiaries who did not take part in the legal action shared this view.
The protector did not wish to retire. He felt he was the living guardian and enforcer of the settlors’ wishes. He insisted that he felt no hostility towards the beneficiaries.
Held (removing the protector):
- (1) Th...
Dawn Goodman and Geoffrey Kertesz discuss a case that clarifies the grounds upon which protectors can be removed, and also sounds a note of caution for a common practice in the trust industry Protectors who engage in conduct that is beyond their remit (and perhaps trustee-like in nature) may be placing the entire structure at …
Continue reading "Trust Protectors: Above and beyond the call of duty"
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