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Resolving issues relating to agricultural tenancy, property and partnership under Will Trusts (Procter v Procter and Others)

Published on: 24 June 2022
Published by: LexisNexis
  • Resolving issues relating to agricultural tenancy, property and partnership under Will Trusts (Procter v Procter and Others)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private Client analysis: His Honour Justice (HHJ) Davis-White QC determined various issues arising in a family dispute over the inheritance of three siblings comprised of land held under various family and Will Trusts, consisting of a golf course of 128 acres and a farm held by the family partnership. The court held inter alia that: (i) absent anything to the contrary in the terms of a tenancy, one of a number of holders of the legal title to a tenancy may validly serve notice to quit; (ii) the claimant as trustee holding property on trust for a partnership owed fiduciary duties to act in the best interests of the partnership to preserve the trust property and (iii) the claimant had breached that duty by serving the notice to quit. The appropriate relief for breach of trust was rescission of the notice to quit, but the first and second defendants were not entitled to damages as the 1994 Tenancy had no value and there was no estoppel. Written by Sarah Egan, barrister at New Square Chambers. or take a trial to read the full analysis.

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