Wills & Trusts Law Reports | Spring 2018 #171The claimants/applicants brought a part 8 claim, as beneficiaries of a trust of land in Glamorgan known as the Tamplin trust, for disclosure of documents and information by the defendant/respondent trustees. This claim was founded on the basis that the trustees owe a duty to account to the beneficiaries for their stewardship of the trust assets. They also made an application for pre-action disclosure; the court gave judgment on both matters.
The defendants opposed both the claim and the application on a number of grounds. Firstly, the beneficiaries had already received sufficient ...
In Blades v Isaac [2016] the trust fund paid a high price for the trustees’ initial refusal to disclose accounts. Tamasin Perkins analyses the judgment ‘Costs do not always follow the event. Trustees (both lay and professional) can lose and lose badly and still not have to pay costs from their own funds. This can …
Continue reading "Costs: Once more unto the breach"
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The Guernsey Court of Appeal affirms the scope of the jurisdiction conferred by Article 51 of the Trusts (Guernsey) Law 2007. Hannah Southon and Alison Meek explain ‘While some of the considerations discussed in BCD may be relevant, a more flexible test is required in order for the court to achieve justice on behalf of …
Continue reading "Trusts: The importance of judicial discretion"
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