Hilton & Anor v Woolfe & Anor [2025] EWHC 2285 (Ch) (12 September 2025)

Hilton & Anor v Woolfe & Anor [2025] EWHC 2285 (Ch) (12 September 2025)

The defendants are the Rutland Trustees under the will trust. The Rutland Trust was constituted by the grant of probate and/or by implied assent of the deceased's share in the Property and the Cash Sum. The claimants' application for summary judgment and strike out is dismissed because there are serious issues to be tried regarding the constitution of the trust and the defendants' status. The defendants are entitled to retire as trustees only upon provision of a suitable indemnity for tax and costs liabilities. The claimants are required to assent the relevant assets to the Rutland Trust. The defendants' counterclaim for directions is allowed.

Citation
[2025] EWHC 2285 (Ch)
Parties
Claimant: Jane Sharman Hilton; Claimant: Jacqueline Clare Cosnier; Defendant: Stephen Howard Woolfe; Defendant: Mark Kenneth Dunkley
Jurisdiction
England and Wales
Judgment Date
12 September 2025
Procedural Posture
Part 8 Claim (chancery, Trusts and Probate) / Summary Judgment/strike Out Application and Counterclaim for Directions
Outcome
Claimants' application for summary judgment and strike out dismissed; defendants' counterclaim for directions allowed; directions given for retirement of trustees upon indemnity and for assent of assets to Rutland Trust.
Legal Topics
Constitution of Testamentary Trusts, Assent of Estate Assets, Retirement and Replacement of Trustees, Trustee Indemnities, Inheritance Tax Liability, Summary Judgment, Strike Out Applications
Trusts and Estates Property Law Probate Constitution of Testamentary Trusts Assent of Estate Assets Retirement and Replacement of Trustees Trustee Indemnities Inheritance Tax Liability +2 more

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Parties

Jane Sharman Hilton

Claimant

Jacqueline Clare Cosnier

Claimant

Stephen Howard Woolfe

Defendant

Mark Kenneth Dunkley

Defendant

Procedural Posture

Part 8 Claim (chancery, Trusts and Probate) / Summary Judgment/strike Out Application and Counterclaim for Directions

Legal Issues

  1. 1 Whether the defendants are the Rutland Trustees under the will trust
  2. 2 Whether the Rutland Trust was properly constituted
  3. 3 Whether the claimants are entitled to summary judgment or strike out

Ratio Decidendi

The defendants are the Rutland Trustees under the will trust. The Rutland Trust was constituted by the grant of probate and/or by implied assent of the deceased's share in the Property and the Cash Sum. The claimants' application for summary judgment and strike out is dismissed because there are serious issues to be tried regarding the constitution of the trust and the defendants' status. The defendants are entitled to retire as trustees only upon provision of a suitable indemnity for tax and costs liabilities. The claimants are required to assent the relevant assets to the Rutland Trust. The defendants' counterclaim for directions is allowed.

Court Disposition

Claimants' application for summary judgment and strike out dismissed; defendants' counterclaim for directions allowed; directions given for retirement of trustees upon indemnity and for assent of assets to Rutland Trust.

Orders

  • Application for summary judgment and strike out dismissed
  • Defendants permitted to advance counterclaim for directions