PT-2024-000461 - [2025] EWHC 2285 (Ch)

For the reasons set out above I am satisfied that the defendants are the current Rutland Trustees of the Rutland Trust which was completely constituted when a grant of probate was obtained on 30 August 2002.

From 30 August 2002 the original Rutland Trustees (Vicki and Mr Neal) had the right to call for the due administration of the estate. The Rutland Trustees in that capacity are no different to a “beneficiary” or “person” with an interest in an unadministered estate. The chose in action that they had was not a beneficial interest in any specific property or fund or asset which might eventually form part of the will trust but exactly the same chose in action as any other beneficiary in an unadministered estate – a right to call for the due administration.

Vicki as the remaining Rutland Trustee appointed the defendants as Rutland Trustees by the DOA. They were validly appointed and remain the current Rutland Trustees following Vicki’s death.

For the reasons set out above I am also satisfied that there was subsequently an implied assent vesting the deceased’s share in the Property such that the Rutland Trustees hold that share in the Rutland Trust. That implied assent occurred at the latest in about 17 January 2008.

On the basis of the evidence and submissions advanced by the parties at the hearing it is not possible to determine any other aspects of the counterclaim at this stage. Directions will need to be given at the consequentials hearing in due course should that be necessary.

However, my intention is to allow the parties a period of time following the handing down of this judgment to see if they can now finalise the terms of the indemnities which they had been discussing in May 2025. If the parties reach an impasse, they should consider using a mediator or other appropriate form of ADR.

They should liaise with Mr Bradshaw to agree the way forward in relation to the Property Trust. It may be that as part of the negotiations a way can now be found to progress the sale of the Property in the interests of both the deceased’s and Vicki’s estate.

To that end I will not list a hearing for consequential matters or further directions in relation to the counterclaim before November 2025. That provides the parties with two months to seek to resolve matters.