Josh Lewison advised the Representor in this matter, in which the Royal Court of Jersey has now given judgment. The central issue was the effect of a sole trustee exercising an express power to retire without appointing a successor but retaining the trust property. The trust was governed by English law and was administered in Jersey. The Royal Court decided that the trustee continued to hold the trust property subject to a duty to take proper care of it and account to the beneficiaries, but was unable to exercise any of the powers or discretions of the settlement. The former trustee sought re-appointment, which the Royal Court granted.
Josh Lewison provided an English law opinion, which was considered by the Royal Court. Advocate Andreas Kistler of Carey Olsen appeared on the Representation. For the full judgment, click here.