Cheong v Cheong [2021] WTLR 79

Spring 2021 #182

Shortly 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...