Recent decisions in Guernsey and Jersey, alongside relevant Bermuda cases, highlight the growing judicial focus on the quality of trustee decision-making processes. In a Guernsey case, trustees’ restructuring decision was set aside for improper purpose and inadequate deliberation, with the court emphasising the importance of proper reasoning, contemporaneous records and the role of legal advice. In Jersey, a blessing was refused where trustee minutes were found lacking, with the court stressing that key deliberations must be properly recorded rather than relied upon in later evidence. 

This session will examine how the doctrine of inadequate deliberation is being applied across jurisdictions, including the function of trustee minutes, the extent to which reasoning must be recorded contemporaneously, and whether deficiencies can be cured by supporting evidence. It will also consider the wider implications for trustees in high-value, complex trust administration.