Littaur v Collett & Ors (Re Littaur Marriage Settlement 1948) [2023] EWHC 2225 (Ch) (28 July 2023)

Littaur v Collett & Ors (Re Littaur Marriage Settlement 1948) [2023] EWHC 2225 (Ch) (28 July 2023)

The trustees have complied with their legal duty to account by providing sufficient and repeated information about the trust assets and administration over many years. The claimant's requests for further accounts or inquiry are unnecessary and exceed what is required by law. The claim is dismissed in its entirety, and the claimant is to pay the defendants' and intervenor's costs personally.

Citation
[2023] EWHC 2225 (Ch)
Parties
Claimant: Gavin Littaur; First Defendant (trustee): Alistair Collett; Second Defendant (trustee): Elizabeth Neale; Third Defendant (beneficiary/intervenor): Dr Glen Fox
Jurisdiction
England and Wales
Judgment Date
28 July 2023
Procedural Posture
Part 8 Claim (chancery, Trusts) / Disposal Hearing, Final Judgment
Outcome
Claim dismissed in its entirety.
Legal Topics
Trustee Duties, Beneficiary Rights, Trust Accounts, Inquiry Into Trust Administration, Costs in Trust Litigation
Trusts and Estates Property Law Probate Trustee Duties Beneficiary Rights Trust Accounts Inquiry Into Trust Administration Costs in Trust Litigation

Case Brief

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Parties

Gavin Littaur

Claimant

Alistair Collett

First Defendant (trustee)

Elizabeth Neale

Second Defendant (trustee)

Dr Glen Fox

Third Defendant (beneficiary/intervenor)

Procedural Posture

Part 8 Claim (chancery, Trusts) / Disposal Hearing, Final Judgment

Legal Issues

  1. 1 Whether trustees have complied with their duty to account to beneficiaries under the Marriage Settlement trust
  2. 2 Whether an inquiry into the administration and disposition of trust assets, specifically the sale of 84 Wildwood Road, is warranted
  3. 3 Whether the claimant is entitled to further accounts or inquiry beyond what has been provided

Ratio Decidendi

The trustees have complied with their legal duty to account by providing sufficient and repeated information about the trust assets and administration over many years. The claimant's requests for further accounts or inquiry are unnecessary and exceed what is required by law. The claim is dismissed in its entirety, and the claimant is to pay the defendants' and intervenor's costs personally.

Court Disposition

Claim dismissed in its entirety.

Orders

  • Claimant to pay the costs of the first and second defendants (trustees) personally, not from the trust fund.
  • Claimant to pay the costs of the third defendant (Dr Fox) personally, not from the trust fund, with detailed assessment ordered.