![PT-2024-000315 - [2025] EWHC 3011 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png){kind=logo}
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Neutral Citation Number: [2025] EWHC 3011 (Ch)
Case No: PT-2024-000315
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
PROPERTY, TRUSTS AND PROBATE LIST (ChD)
IN THE MATTER OF THE GRAHAM CHESLYN-CURTIS WILL TRUST
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 17 November 2025
Before :
DEPUTY MASTER HOLDEN
Between :
(1) NATHAN JAMES SMITH (2) LEAH-JANE STYRING (3) SUZANNE APRIL SMITH | Claimants |
- and - | |
(1) IAN PATRICK CAMPBELL (2) MALCOLM RONALD TAYLOR (3) SARAH CHESLYN-CURTIS (4) MALDYN STEPHEN HENRY WORSLEY-TONKS MBE | Defendants |
Paul Burton (instructed by Shakespeare Martineau LLP) for the Claimants
Alexander Learmonth KC (instructed by IDR Law Ltd) for the Defendants
Hearing dates: 27 – 28 August 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 17 November 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
- 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