Alexander v Alexander & Ors [2011] EWHC 2721 (Ch) (21 October 2011)

Alexander v Alexander & Ors [2011] EWHC 2721 (Ch) (21 October 2011)

The court has jurisdiction under section 57(1) of the Trustee Act 1925 to confer power on the trustees to sell the cottage, as the trust instrument expressly excludes such power and the transaction does not alter beneficial interests. It is expedient to sell the cottage due to its deteriorating condition, lack of occupation, and risk to value, and the court should exercise its discretion to confer the power sought. However, insufficient evidence exists to justify purchase of a replacement property at this stage.

Citation
[2011] EWHC 2721 (Ch)
Parties
Claimant: John Alexander; First Defendant: William Alexander; Second Defendant: Robert Shuker; Third Defendant: Carol Shuker; Fourth Defendant: Daniel Taheri-Anjedani; Fifth Defendant: Marcel Taheri-Anjedani (a Child, by his Litigation friend William Alexander); Sixth Defendant: Gerald Hemming; Seventh Defendant: Christine Hemming
Jurisdiction
England and Wales
Judgment Date
21 October 2011
Procedural Posture
Trustees' Application / Application on Paper
Outcome
Application granted in part
Legal Topics
Trustee Powers, Variation of Trusts, Sale of Trust Property, Trustee Act 1925 S.57, Beneficiaries' Interests
Trusts and Estates Trustee Powers Variation of Trusts Sale of Trust Property Trustee Act 1925 S.57 Beneficiaries' Interests

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Parties

John Alexander

Claimant

William Alexander

First Defendant

Robert Shuker

Second Defendant

Carol Shuker

Third Defendant

Daniel Taheri-Anjedani

Fourth Defendant

Marcel Taheri-Anjedani (a Child, by his Litigation friend William Alexander)

Fifth Defendant

Gerald Hemming

Sixth Defendant

Christine Hemming

Seventh Defendant

Procedural Posture

Trustees' Application / Application on Paper

Legal Issues

  1. 1 Whether the court has jurisdiction under section 57(1) of the Trustee Act 1925 to confer power on trustees to sell trust property contrary to the terms of the will
  2. 2 Whether it is expedient to confer such power in the interests of the beneficiaries
  3. 3 Whether the court should exercise its discretion to confer the power sought

Ratio Decidendi

The court has jurisdiction under section 57(1) of the Trustee Act 1925 to confer power on the trustees to sell the cottage, as the trust instrument expressly excludes such power and the transaction does not alter beneficial interests. It is expedient to sell the cottage due to its deteriorating condition, lack of occupation, and risk to value, and the court should exercise its discretion to confer the power sought. However, insufficient evidence exists to justify purchase of a replacement property at this stage.

Court Disposition

Application granted in part

Orders

  • Trustees are conferred power to sell the cottage pursuant to section 57(1) of the Trustee Act 1925.
  • No order made at this stage regarding purchase of a replacement property; further application and evidence required if sought.