Littlewood v Morley [2015] CHP 66

Wills & Trusts Law Reports | Summer 2017 #168

L applied pursuant to s8(1) of the Administration of Estates Act 1990 to remove M as her co-executor and co-trustee of the estate of their father. The beneficiaries of the estate were L (50 percent) and M’s two children (50 percent). The estate was modest including some personal chattels, a small bank account and a property worth circa £210,000.

M and his wife had issued a claim against the estate for £170,229, allegedly owed for nursing care provided to the deceased (the litigation).

L averred that M should be removed as trustee due to the ligation ...

Trustees: Making the break

Penelope Reed QC and William East look at the removal of trustees ‘The exercise of the court’s jurisdiction to remove trustees is not dependent on some finding of misconduct or breach of trust; other conduct can also suffice provided that the continuance of the trustee would prevent the trusts being properly executed.’When faced with trustees …
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