Court of Appeal rules on trustee remuneration (Re Townsend; Da Silva v Heselton)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Private Client analysis: The Court of Appeal has handed down a landmark judgment concerning a standard trustee remuneration clause in a Will. The clause, or ones very like it, are in use across thousands of Wills and trust instruments worldwide. The decision marks an important change from the previous understanding of the law concerning executors or trustees who are not professionals in the business of trust administration. Such persons may only be remunerated for work done in the administration where that work is done within the course of their profession or business; they are not entitled to remuneration for any other time spent, even if it is of value to the trust or estate. Written by Aidan Briggs, barrister and mediator at New Square Chambers.