Jersey Law Reports

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URL: http://www.bailii.org/je/cases/JLR/2011/JLR110236.html
Cite as: [2011] JLR 236

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In re B Settlement v 2011 JLR 236 (01 June 2011)

Trusts-powers and duties of trustees-duty to give information to beneficiaries-strong presumption in favour of disclosure of trust documents to beneficiary-court has overriding discretion to withhold documents if in best interests of all beneficiaries-to consider (i) context of application for disclosure; (ii) capacity in which beneficiary seeks disclosure; (iii) relevance to current or potential issues; (iv) purpose; (v) whether substantive request for specific documents or fishing expedition; (vi) whether documents concern third parties, and their interests; and (vii) whether pre-action discovery-communications between trustee and lawyers concerning application for directions rarely to be disclosed

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