A recent case illuminates when a trustee can enter into a commercial transaction and the scope of s57 of the Trustee Act 1925. Adam Carvalho and Joseph de Lacey highlight the key points ‘The court did not need to agree that the trustee’s decision was “right”, but just that the decision fell within a range …
Continue reading "Trustees: Judicial blessings"
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Wills & Trusts Law Reports | Summer 2018 #172The claimant was the trustee of an employment benefit trust (the EBT). The trustee had an interest in a company that owned and controlled a business (the utility). The beneficiaries of the EBT were the former and current employees of the utility and other group companies and their dependants. The trustee entered into a sale and purchase agreement for the sale of the EBT’s interest in the company, conditional upon certain relief from the court. Following the sale, there would be a distribution of the trust property amongst various beneficiaries.
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Re Portman Estate [2015] provides useful pointers on modernising a trust. Georgia Bedworth reports ‘Where powers are more restrictive than might be found in a modern settlement, s57 Trustee Act 1925 is a means by which trustees can update their administrative powers to allow adaptation to modern circumstances.’ Most settlements are designed to be long-term …
Continue reading "Trustees’ Powers: Expanding the scope"
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