Angus v Emmott [2010 EWHC 154 (Ch); [2010] WTLR 531

Trustees: Making the break

Penelope Reed QC and William East look at the removal of trustees ‘The exercise of the court’s jurisdiction to remove trustees is not dependent on some finding of misconduct or breach of trust; other conduct can also suffice provided that the continuance of the trustee would prevent the trusts being properly executed.’When faced with trustees …

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Changes To The Will: When the testator’s choice prevails

Catherine Paget and Scott Taylor discuss removal of executors and trustees from an estate ‘An executor is not usually called upon to make important decisions; their role is essentially to determine the extent of an estate and to distribute it in accordance with the testator’s directions.’This case, decided in February 2010 by Mr Justice Newey, …

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