Boothman & ors v Horsford & anr [2022] WTLR 1

Wills & Trusts Law Reports | Spring 2022 #186

The claim sought removal of the defendants as executors of the estate of James and Agatha Horsford, who were the parents of the claimants and defendants.

The mother had died in December 2011 and the father had died in January 2014. It was common ground that the father’s estate was not fully administered. The claimants said this was an unconscionable delay. It was also said that the defendants had not properly accounted for their executorship and there remained outstanding questions as to what constituted his estate and what had happened to the monies within it. The defendants were...

Trustees: When to remove

John Brennan discusses the implications of the fiduciary conflict rule on trustees The existence of friction or hostility between the trustees is not always sufficient to justify the removal of a trustee but is often relevant, especially if it arises from the way in which the trust has been administered. In Manton v Manton [2021], …
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London Capital & Finance plc v Global Security Trustees Ltd [2020] WTLR 615

Wills & Trusts Law Reports | Summer 2020 #179

The claimant raised money from private investors for the purpose of making loans to small and medium enterprises. The money was raised by issuing ‘mini-bonds’ for periods of up to five years, at varying rates of interest. Over a period of around two years, £237m was raised from more than 11,500 investors. Security for the bonds was provided by the claimant executing a debenture in favour of the defendant, as a ‘security trustee’. By December 2018, when the FCA issued a first supervisory notice on the claimant on the basis that its promotional material was ‘misleading, unfair and unclear’...