Trust disputes—applications to the court by trustees
Trust disputes—applications to the court by trustees

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Trust disputes—applications to the court by trustees
  • Procedure
  • Common general applications
  • Construction summons
  • Payment into court
  • Approval of transaction
  • Approval of distribution of trust property
  • Approvals in respect of land

Trust disputes—applications to the court by trustees

It is not uncommon for trustees to be faced with difficulties in the execution of their trusts. They are entitled to ask the court for help in such cases. They are also entitled to the protection of the court in exercising their duties under a trust. When asked by a trustee to exercise its jurisdiction in a matter affecting the trust, the court will be solely concerned in what is in the best interests of the trust. It is not primarily concerned with the rights of adversarial parties.

Trustees who seeks a determination of the court of first instance are protected as long as they do what has been decided but if they appeal that decision and lose they will run the risk of an almost certain costs order against them.

There is a distinction of note when the trustee is considering an application to court. If the trustee with a discretion applies to the court and surrenders that discretion, the court can act unfettered and determine an action in such a way as is in the best interests of the trust. On the other hand, if there is no such surrender, the court will look toward the views of the trustees and the exercise of the discretion in the way they propose.

Where all the beneficiaries are of full

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