Court's power to remove a protector

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Summary: Where the relationship between the beneficiaries of a trust and the protector or trustee has broken down to such an extent that it is harmful to the running of the trust for the person to remain in office, the Jersey Court will remove them from office, if they refuse to resign - In the Matter of the A and B Trust (2012).

In the Matter of the A and B Trust (2012) the Court found that the relationship between the protector and the beneficiaries had broken down to such an extent that it would have been detrimental to the proper running of the trust for him to remain in office. In this case, all of the adult beneficiaries of the trust wanted the protector removed.

The Jersey Court accepted that, because a protector has a fiduciary role, it has the power to remove a protector of a trust. The Court will apply the same principles in this situation as when it is considering whether to remove a trustee. The overriding consideration is what is in the best interests of the beneficiaries of the trust.

The Court confirmed that hostility between the beneficiaries and the protector (or the trustee) is not itself a reason for removing the protector or trustee, but where the breakdown of the parties’ relationship is such that it is detrimental to the proper running of the trust for the person to stay in office, the Court will consider exercising its power to remove the person.

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