Hubbard & Anor v Hubbard & Anor [2025] EWHC 855 (Ch) (23 April 2025)

Hubbard & Anor v Hubbard & Anor [2025] EWHC 855 (Ch) (23 April 2025)

The court held that the trustees, particularly Robert, failed to discharge the burden of proof for several substantial items of expenditure due to inadequate documentation, lack of credible explanation, and insufficient efforts to locate supporting evidence. The court disallowed or reduced various expenses,...

Source-derived case information.

Citation
[2025] EWHC 855 (Ch)
Parties
Claimant: Andrew Frank Pitman Hubbard; Claimant: Nighat Hubbard; Defendant: Robert William Pitman Hubbard; Defendant: Ann Veronica Hubbard
Jurisdiction
England and Wales
Judgment Date
23 April 2025
Procedural Posture
Trust Account (chancery) / Post Trial Judgment on Objections to Trustees' Account
Outcome
Account settled; objections substantially upheld; various expenses disallowed or reduced; payment ordered to claimants based on revised account; Ann Hubbard not personally liable.
Legal Topics
Trustee Accounting, Beneficiaries' Rights, Trust Expenditure, Burden of Proof in Trust Accounts, Trustee Indemnity, Trustee Liability, Construction of Trust Instruments
Trusts and Estates Property Law Trustee Accounting Beneficiaries' Rights Trust Expenditure Burden of Proof in Trust Accounts Trustee Indemnity Trustee Liability +1 more

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Parties

Andrew Frank Pitman Hubbard

Claimant

Nighat Hubbard

Claimant

Robert William Pitman Hubbard

Defendant

Ann Veronica Hubbard

Defendant

Procedural Posture

Trust Account (chancery) / Post Trial Judgment on Objections to Trustees' Account

Legal Issues

  1. 1 Whether the trustees have properly accounted for trust income and expenditure
  2. 2 Whether specific items of expenditure are properly chargeable to the trust
  3. 3 Whether the trustees have discharged the burden of proof for disputed expenses

Ratio Decidendi

The court held that the trustees, particularly Robert, failed to discharge the burden of proof for several substantial items of expenditure due to inadequate documentation, lack of credible explanation, and insufficient efforts to locate supporting evidence. The court disallowed or reduced various expenses, including undocumented renovation costs, excessive development and legal fees, and certain payments to the trustees. The value attributed to 'Robert's Plot' was determined on the basis of the trust instrument and available evidence. Ann Hubbard was not held personally liable for acts of her co-trustee, as she played a minimal role and was entitled to relief under established trust law...

Court Disposition

Account settled; objections substantially upheld; various expenses disallowed or reduced; payment ordered to claimants based on revised account; Ann Hubbard not personally liable.

Orders

  • Trustees to pay claimants the sum determined by the revised account, reflecting disallowed and reduced expenses.
  • Trustees to provide final account to beneficiaries within 28 days.