Alexander and Hooper, ‘When is a trustee’s decision momentous and is momentousness sufficient?’

ABSTRACT
How should a trustee judge whether or not a decision is momentous, justifying an application for a blessing on Public Trustee v Cooper principles and what will the Court’s approach be if the decision put before it is, in fact, routine in nature? If a decision may be properly characterised as momentous, when will the court nonetheless refuse to bless it and to how much scrutiny will the decision be subject in this regard? These are questions with which the Royal Court of Jersey has had to grapple in two recent decisions, and those decisions provide useful lessons to trustees.

Stephen Alexander and Katie Hooper, When is a trustee’s decision momentous and is momentousness sufficient?, Trusts and Trustees, https://doi.org/10.1093/tandt/ttaa076. Published: 11 August 2020.

First posted 2020-08-17 04:02:23

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