Topic: whether District Judge erred in the exercise of his discretion in failing to order sale on the open market

Chaston v Chaston [2018] WTLR 391

Wills & Trusts Law Reports | Summer 2018 #172

The parties were three of the four children of Sybil and John Chaston (‘the parents’). They inherited from their parents a freehold property (‘the Property’). The Property was currently held by the Appellants and the Respondent upon trust for the Respondent as to 50%, and as to 25% for each of the two Appellants. 


In proceedings brought under s14 of the Trusts of Land and Appointment of Trustees Act 1996 the District Judge ordered that the Property should be sold to the Respondent at a price to be determined by a valuation exercise. 


The hearing before the District Judge ...