![PT-2024-000315 - [2025] EWHC 3011 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png){kind=logo}
Conclusions
Conclusion
I therefore conclude that I ought to:
Remove Paddy and Malcolm as trustees of the Trust; and
Appoint a professional trustee to act as trustee of the Trust together with Sarah and Maldwyn as the continuing trustees.
I have not heard submissions on the suitability of Mills & Reeve Trust Corporation to act as one of the trustees of the Trust, and in any event it will be necessary in light of this judgment for Mills & Reeve Trust Corporation to confirm that it is willing to act as a trustee of the Trust together with the continuing trustees. I will therefore invite further submissions on the appropriate orders consequential on this judgment.
That is my judgment.
- Heading
- Deputy Master Holden
- Factual Background
- The parties
- Graham’s will
- The letter of wishes
- Graham’s death and the immediate aftermath
- Suzanne’s Inheritance Act claim
- Breakdown in relations at Millpledge
- These proceedings
- Legal principles
- The source of the jurisdiction
- The applicable test
- Grounds for removal or replacement
- The exercise of the jurisdiction
- Resolving disputed issues of fact
- Grounds of removal
- Discussion and disposal Ground 1 – alleged breach of the duty to notify
- Ground 2 – alleged failure to keep and provide accounts
- Ground 3 – alleged failure to act fairly and disinterestedly in the administration of the Trust
- Ground 4 – alleged failure to exercise independent oversight of the company
- Ground 5 – alleged breach of trust in allowing a non-beneficiary to occupy trust property
- Ground 6 – breakdown in relations / hostility
- Overall evaluative exercise
- Conclusions