Procter v Procter & Ors [2023] EWHC 3388 (Ch) (07 September 2023)

It is undesirable for the current individual trustees to remain as legal title holders due to conflicts of interest and past conduct; an independent corporate trustee should be appointed and legal title vested solely in the Fourth Defendant.

Citation: [2023] EWHC 3388 (Ch)
Parties: Claimant: Procter; Defendants: Procter and Others; Fourth Defendant: Womble Bond Dickinson Trust Corporation Limited
Jurisdiction: England and Wales
Judgment Date: 07 September 2023
Procedural Posture: Trustee Removal and Appointment Application / Judgment on Amended Application for Vesting Orders
Outcome: Application granted
Legal Topics: Removal and Appointment of Trustees, Vesting Orders, Beneficial Ownership, Conflict of Interest Among Trustees

Trusts Property Law Probate Removal and Appointment of Trustees Vesting Orders Beneficial Ownership Conflict of Interest Among Trustees

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Parties

Procter

Claimant

Procter and Others

Defendants

Womble Bond Dickinson Trust Corporation Limited

Fourth Defendant

Procedural Posture

Trustee Removal and Appointment Application / Judgment on Amended Application for Vesting Orders

Legal Issues

1 Whether trustees should be removed and replaced with an independent trustee
2 Whether legal title to land should be vested in the Fourth Defendant alone
3 Whether current holders of legal title are acting in beneficiaries' interests

Ratio Decidendi

Court Disposition

Application granted

Orders

Removal of existing trustees of legal title
Appointment of Fourth Defendant as sole trustee