A trustee's duty to appeal and obtain disclosure from beneficiaries under the supervisory jurisdiction of the court: recent developments in Guernsey

Abstract

Is a trustee ever duty-bound to appeal a first instance decision in administrative proceedings? Can a court exercising its supervisory jurisdiction over trusts order that a beneficiary must disclose documents to a trustee and/or the other beneficiaries of a trust? These two important questions of concern for trustees in Guernsey were both answered in a recent case before the Guernsey Court of Appeal in R and RA Trusts (Gsy C.A.) [470/2014]. This article discusses the important points raised in the judgment, its impact on duties of trustees and considers guidance for trustees in the future.