In BX v T Ltd (as trustee of the W Trust) & ors the Guernsey Court of Appeal has upheld a decision to refuse disclosure of trust information to an object of a power of addition. The judgment contains a detailed analysis of the court’s inherent jurisdiction to order a trustee to disclose trust information and documents to a person who is not presently the object of any dispositive power, but is the object of a power to add further objects to the trust.

At [95] and [96] the Guernsey Court of Appeal held that in order for an object of a power of addition to be granted relief of the kind sought (viz. disclosure of trust documents and information) that person "must show that it is right to treat him or her in as great a need of the protection of the court as the object of a dispositive power … In ordinary circumstances, that will mean showing, as a minimum, that the object has a strong, if not a very strong, expectation (objectively speaking) of being appointed in due course to the class of objects of the dispositive power."

Applying these principles, the Guernsey Court of Appeal held that the first instance judge was correct to refuse the application for disclosure, and dismissed the appeal against that decision.

The application for disclosure was successfully resisted by the existing beneficiaries of the trust, represented by Walkers Guernsey (led by Adam Cole) and assisted by Macfarlanes (led by Lil Doherty), Richard Wilson KC and Harry Martin. Serle Court members James Weale, Zahler Bryan and Richard Hine are also instructed in respect of the litigation.

The judgment can be read in full below.