Rettendon Parish Council v Hart & ors [2020] WTLR 1029

Wills & Trusts Law Reports | Autumn 2020 #180

On 5 December 1861 an award made under the Inclosure Act 1845 created two separate charitable trusts of plots of land within the parish of Rettendon in Essex: the Allotment for Exercise and Recreation (charity number 271480) and the Allotment for the Labouring Poor (charity number 271479).

The claimant was the local civil parish council, established by s1(1) of the Local Government Act 1894. The defendants were current or former members of the parish council. Between 2013 and 2017 a series of appointments of individual parish councillors as trustees of t...

Bathurst v Bathurst [2016] EWHC 3033 (Ch)

Wills & Trusts Law Reports | Summer 2017 #168

This was an application under the Variation of Trusts Act 1958 to change a provision relating to the appointment of new trustees of a settlement. Following the death of the settlor, the statutory power under s36 Trustee Act 1925 applies. The variation proposed was that for the future, the principal beneficiary for the time being should have the power to appoint need trustees, with the written consent of the trustees for the time being.

All of the adult beneficiaries of the settlement, and three of the four current trustees supported the change. It was opposed by the fourth trustee...