Charles Cooper | Barrister

Category: trusts

Brealey v. Shepherd & Co [2024] EWCA Civ 303

In the absence of a charging clause for professional trustees, entitlement to reasonable remuneration under s.29 Trustee Act 2000 relies on the agreement in writing of each trustee including those executors to whom power was reserved: https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/303
Read more: Brealey v. Shepherd & Co [2024] EWCA Civ 303
Savage v. Savage [2024] EWCA Civ 49

‘Section 15(3) [TOLATA 1996] does not expressly, or by implication, exclude the circumstances and wishes of the minority of beneficiaries by value from being taken into account by the court. It simply does not include these matters in the list of matters that must be considered’: https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/49
Read more: Savage v. Savage [2024] EWCA Civ 49
Folds Farm Trustees Ltd v. Cutts [2024] EWHC 12 (Ch)

‘…the Trusts are disretionary… It is therefore unarguable that each of the children is entitled to an equal division of the assets of the Trusts, or that the trustees could only properly exercise their discretion by treating the beneficiaries equally. It is inherent in a discretionary trust that some beneficiaries may be treated more favourably…
Read more: Folds Farm Trustees Ltd v. Cutts [2024] EWHC 12 (Ch)