Richard Smaller and Francis Ng examine accounting on a footing of wilful default, with reference to Re Cadogan Claims for an account on a footing of wilful default are rare. HHJ Klein’s judgment in Re Cadogan, however, shows that there remain cases where the jurisdiction is relevant. This article concerns the long-running case of Re …
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Wills & Trusts Law Reports | Spring 2021 #182Shortly before his death in 1947, the deceased made a will appointing his sons as his executors and trustees (the will). Clause 3 of the will provided that, ‘If any of my Trustees disagree with the others or have to attend to other business, he is at liberty to resign and the vacancy thereby created shall be filled accordingly.’
By 2017, following a series of deeds of appointments and retirements of trustees over several decades, the trustees were three individuals. In January 2019, the plaintiff wrote to the two other trustees notifying them of his intention to retire as a truste...
