McCallum-Toppin & anr v McCallum-Toppin & ors [2018] WTLR 531

Wills & Trusts Law Reports | Summer 2018 #172

A member of the company died in 2006, leaving his shares by his will to be held on trust. In 2007 the first petitioner and one other executor and trustee took out a grant. In 2014 the second executor and trustee was replaced by an order under s.50 Administration of Justice Act 1985.

By a deed dated 14 July 2015 the replacement executor and trustee himself retired as trustee and was replaced by the second petitioner. That deed did not expressly vest any assets in the new trustee, nor was there any evidence before the court that the deceased’s shares had been vested in the ...