Overview

This briefing studies In the Matter of the Y Trust [2011], which involved an application by the trustee for a blessing in relation to its decision to distribute the assets of the Trust, which was inconsistent with its previous indication that the trust assets would be split 50% for the benefit of the settlor's eldest son (A) and 50% for the benefit of the settlor's younger son (B) as well as B's three children and his grandchild. The Court sanctioned the decision to allocate A less than half of the trust assets as the decision was within the realms of rationality but stated that it was troubled by the manner in which the trustee had treated B.

In addition to outlining the case's background and decision, Mourant Ozannes also studies the Trustee's position, A and B's position, the Guardian ad Litem's position, and the wider legal principles at play.

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