NIALL DAVID BAKER v BDS

NIALL DAVID BAKER v BDS

It is expedient and appropriate under section 57 of the Trustee Act 1925 to remove the requirement for a professional trustee, as BDS has capacity to manage the trust and the continued requirement unnecessarily incurs fees.

Parties
Claimant: Niall David Baker; Defendant: BDS
Jurisdiction
England and Wales
Judgment Date
10 December 2021
Procedural Posture
Part 8 Claim (trusts) / Judgment on Application to Amend Trust Deed
Outcome
Application granted
Legal Topics
Amendment of Trust Deed, Professional Trustee Requirement, Section 57 Trustee Act 1925, Personal Injury Trust Administration
Trusts and Estates Personal Injury Amendment of Trust Deed Professional Trustee Requirement Section 57 Trustee Act 1925 Personal Injury Trust Administration

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Parties

Niall David Baker

Claimant

BDS

Defendant

Procedural Posture

Part 8 Claim (trusts) / Judgment on Application to Amend Trust Deed

Legal Issues

  1. 1 Whether the court should authorise the removal of the requirement for a professional trustee under clause 7 of the trust deed
  2. 2 Whether it is expedient under section 57 of the Trustee Act 1925 to amend the trust deed

Ratio Decidendi

It is expedient and appropriate under section 57 of the Trustee Act 1925 to remove the requirement for a professional trustee, as BDS has capacity to manage the trust and the continued requirement unnecessarily incurs fees.

Court Disposition

Application granted

Orders

  • From the date of the order, there is no longer a requirement that at least one trustee be a professional trustee.
  • Trustees, so long as they are two in number or a trust corporation, may deal with the capital of the trust fund without a professional trustee.