This article considers a recent example of Public Trustee v Cooper applications in Jersey reported as In the Matter of the Piedmont Trust & Riviera Trust [2021] JRC 24. In Piedmont & Riviera, the Jersey Royal Court's judgment provides useful guidance on, inter alia the significance of and approach to situations where there are multiple letters of wishes, conflict of interests sufficient to warrant a trustee seeking to surrender its discretion, the importance for a trustee to take advice on the fiscal consequences of their proposed decision (and the risk of the Court declining to bless the decision where such advice was absent) and the role of a protector who holds a power of veto in respect of the power the trustee is proposing to exercise.
This article is published in Trusts & Trustees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
