- Trustee decision-making—court intervention to resolve deadlock (AB v CD & Ors)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: There has long been a debate over the circumstances in which the court will assist deadlocked trustees. The case of AB v CD sheds light on this important issue in the context of a long-standing disagreement between a professional trustee and his lay co-trustees in relation to the distribution of funds held on discretionary trust. Having determined that the case gave rise to ‘special circumstances’ warranting intervention, the court stepped in to exercise the deadlocked trustees’ discretionary power on their behalf. The case provides important new authority for trustees who face the unenviable task of fulfilling their fiduciary duties in the face of intransigent co-trustees. Written by Jessica Henson, senior associate and Rebecca Moseley, associate, at Bryan Cave Leighton Paisner LLP.
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