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The source of the jurisdiction
The source of the jurisdiction
The court has a statutory jurisdiction to appoint new trustees pursuant to section 41 of the Trustee Act 1925, which extends to replacing the existing trustees in office (by appointing “a new trustee or new trustees… in substitution for… any existing trustee or trustees”). The court also has an inherent jurisdiction to remove or replace trustees, even without their consent or co-operation, which is one aspect of the court’s inherent jurisdiction to supervise and, if necessary, intervene in the administration of trusts.
- 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