Taking back control: undue influence and trust revocations

Undue influence was the issue at stake in a judgment of the Royal Court of Jersey this month. In Representation of Jasmine Trustees re Piedmont Trust and Riviera Trust, the court held that revocation notices issued by two settlors had been vitiated by the undue influence of the family patriarch, and should therefore be set aside.

 

This judgment involved two Jersey-law revocable discretionary trusts: the Piedmont Trust and the Riviera Trust. The trustees were two Jersey trust companies, Jasmine Trustees Limited and Lutea Trustees Limited. The beneficiaries of the two trusts included the family patriarch, his three children (a daughter and two sons) and their respective issue.

 

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