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Royal National Lifeboat Institution and Others v Headley etc

Royal National Lifeboat Institution and Others v Headley etc

Postby dls » Tue Aug 02, 2016 3:22 pm

Royal National Lifeboat Institution and Others v Headley and Another; ChD 28 Jul 2016
References: [2016] EWHC 1948 (Ch)
Links: Bailii
Coram: Master Matthews
Ratio: The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate.
Held: The charities were entitled to some but no all of the documents sought, including accounts of capital and lists of investments, and he trustee's fees insofar as they impacted on capital. They ewree not generally entitled to matter relating to income. They were allowed to see the documents underlying the trust and to be informed as to the history of the identities of the trustees and the status of life interest holders.
As to costs, the trustees had failed too engage properly at all with what were proper requests, and the claimant charities should be entitled to their costs. The claimants also sought an order disallowing the trustees an indemnity from the estate, and 'In my judgment, notwithstanding the lack of participation or explanation on behalf of the Defendants, it is clear that the Second Defendant in failing to account to the Claimants over so many years acted for a benefit other than that of the estate, and in failing to take part in these proceedings at all acted unreasonably. I have no hesitation in saying that any costs incurred by the Second Defendant in the context of these proceedings, including the costs which I have ordered him to pay to the Claimants, were not 'properly incurred' within s 31(1) and CPR rule PD46 para 1.1, and hence he is not entitled to be reimbursed out of the trust fund in respect of them.'
This case cites:
    - Cited - Re Cowin ((1886) 33 ChD 179)
    . .
    - Cited - In re Tillott ChD ([1892] 1 Ch 86)
    The plaintiff was entitled under a will trust to a one twelfth share in the capital of the residue, contingently on the death of his mother, who was a life tenant. The residue included Bank of England Consols. He had already obtained from the court . .
    - Cited - In re Dartnall CA ([1895] 1 Ch 474)
    . .
    - Cited - Nestle v National Westminster Bank ChD ([2000] WTLR 795, (1988) 10 Tru LI 112)
    The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. The trust fund was then worth about £50,000. The last outstanding life interest under the trust was that of her father John, who died in . .
    - Cited - D v United Kingdom ECHR ((1997) 24 EHRR 423, 30240/96)
    In the circumstances of the case, where the applicant was in the advanced stage of a terminal illness (AIDS), to implement a decision by the respondent to remove the appellant to St Kitts in the West Indies would be a violation of his rights under . .
    - Cited - Armitage v Nurse; etc CA (Times 31-Mar-97, Bailii, [1997] EWCA Civ 1279, [1998] Ch 241, [1997] 2 All ER 705, [1997] 3 WLR 1046)
    A clause in a trust deed may validly excuse trustees from personal liability for even gross negligence. The trustee was exempted from liability for loss or damage 'unless such loss or damage shall be caused by his own actual fraud'.
    Held: The . .
    - Cited - Vadim Schmidt v Rosewood Trust Limited PC (PC, Times 29-Mar-03, Bailii, [2003] UKPC 26, PC, Gazette 05-Jun-03, [2003] 2 AC 709, (2002-03) 5 ITELR 715, [2003] 3 All ER 76, [2003] 2 WLR 1442, [2003] Pens LR 145, [2003] WTLR 565)
    <a title='Source of text]PC[/url] (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary.
    Held: Times had moved on, and trust documents had . .
    - Cited - O'Rourke v Darbishire HL ([1920] AC 581, [1920] All ER 1)
    Sir Joseph Whitworth had died in 1887. In 1884 he had made a will appointing three executors and leaving his residuary estate to charity. By a codicil made in 1885 he altered his will to leave his ultimate residue to his executors for their own . .
    - Cited - Burrows v Walls ([1855] EngR 294, Commonlii, (1855) 5 De G M & G 233, (1855) 43 ER 859)
    A testator, by his will, gave the residue of his property to three trustees, whom he appointed executors, upon trust to sell and invest the same and to pay the income thereof to his widow for life, and after her decease, to his children, who were . .
    - Cited - O'Rourke v Darbishire HL ([1920] AC 581, [1920] All ER 1)
    Sir Joseph Whitworth had died in 1887. In 1884 he had made a will appointing three executors and leaving his residuary estate to charity. By a codicil made in 1885 he altered his will to leave his ultimate residue to his executors for their own . .
    - Cited - Murphy v Murphy ChD (Times 02-May-98, [1999] 1 WLR 282)
    Where a plaintiff could show that he might have some potential interest under a discretionary trust, the settlor could be obliged by the court to disclose the names and addresses of the settlement trustees. . .
    - Cited - Brittlebank v Goodwin ((1868) LR 5 Eq 545)
    A trustee is bound to inform a beneficiary, who, on attaining majority is entitled to share in a trust fund, of that interest . .
    - Cited - Heugh v Scard CA ((1875) 33 LT 659)
    Sir George Jessel MR said: 'In certain cases of mere neglect or refusal to furnish accounts, when the neglect is very gross or the refusal wholly indefensible, I reserve to myself the right of making the executor or trustee pay the costs of . .
    - Cited - In Re Skinner ChD ([1904] 1 Ch 289)
    A beneficiary of a will trust brought an action for an account, having had little or no accounting from the executors and trustees (one a professional solicitor, entitled to charge) since the testator died more than two years before the action was . .
    - Cited - Blades v Isaac and Another ChD (Bailii, [2016] EWHC 601 (Ch))
    Claim by beneficiary under discretionary trust.
    Held: A trustee's wrongful failure to provide information does not necessarily justify an adverse costs order. . .
(This list may be incomplete)

Last Update: 02-Aug-16

Trusts, Costs

See also: http://www.swarb.co.uk/royal-national-l ... 8-Jul-2016
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