Professional trustees: Managing risk

Oliver Auld examines the limitations of ‘anti-Bartlett’ clauses following Zhang Hong Li v DBS Bank ‘The purpose of an “anti-Bartlett” clause is to nullify (to the extent possible) the trustee’s duty to enquire into or interfere in the conduct of any business investment under its ownership or control.’ The decision of the Hong Kong Court …
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Daniel & anr v Tee & ors [2018] WTLR 799

Wills & Trusts Law Reports | Autumn 2018 #173

The defendants were professional solicitor trustees of a trust established by the will of the claimants’ father. The claimants were the beneficiaries of the will trust, who were minors when their father died. The deceased’s will provided that the claimants’ shares would be held on trust for them until they turned 25, so the defendants invested the trust fund with the assistance of professional investment advice given by Taylor Young Investment Management Ltd (Taylor Young).

The claimants subsequently sought compensation from the trustees in the sum of £1,476,076 on the basis that ...

James & anr v Louisewilliams & ors [2015] EWHC 1166 (Ch)

Wills & Trusts Law Reports | December 2015 #155

Thomas Edward Weetman (the deceased) died on 3 November 2008. His last will was executed on 19 September 2008 (the will). The principal assets in his estate (the estate) were shares in his company Weetman (Haulage & Storage) Ltd (the company) which he had successfully built up during his lifetime, and shares in a property known as Pasturefields Enterprise Park (the property) which the deceased owned but which was occupied, in whole or in part, by the company. The estate was of considerable value but illiquid. The will provided that fifty percent of the deceased’s shares in the ...