Jersey court rescues a charitable trust mixed with private purpose (In Re Estate of Constantin Mattas)

LexisNexis has published an article by Fritha Ford and Bradley Gibb on the judgment by the Royal Court in Jersey in Representation of Equiom Trust (CI) Ltd re Estate of Constantin Mattas.

Private Client analysis - article summary

In an important judgment, the Royal Court in Jersey has recently confirmed, in Representation of Equiom Trust (CI) Ltd re Estate of Constantin Mattas that, as a matter of Jersey law, where a trust looks to provide for a mix of both charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable purpose; however, if the non-charitable purpose is itself invalid, the entirety of the trust property can be held for the charitable purpose.

The court's decision arose in the context of proceedings to determine whether the ultimate disposal of a testator's residuary personal estate was valid, or whether there was, in fact, a partial intestacy.

To read more click here - subscription to LexisNexis is required.

 

Related articles

Insight +
Jersey's approach to asset freezing – cross border cooperation
20/04/26 One of the ways in which the Courts of Jersey maintain the reputation and integrity of the...
Insight +
Cayman Islands introduces new pre-action discovery mechanism
09/04/26 The Cayman Islands Grand Court (the Court) has introduced a significant enhancement to its...
Insight +
Generative AI and legal privilege: What boards need to know
01/04/26 Generative AI is already part of how many organisations work, and staff will increasingly ...
Insight +
Mind the gap: Why the wider role prevails for protectors
26/03/26 On 19 March 2026, the Judicial Committee of the Privy Council ('JCPC') delivered its judgm...