Alexander v Alexander & Ors

Alexander v Alexander & Ors

The court has jurisdiction under section 57(1) of the Trustee Act 1925 to confer power on trustees to sell the cottage, as the trust instrument excludes such power and it is expedient to do so given the cottage's dereliction, lack of funds for repair, and absence of beneficiary opposition. The court will not confer power to purchase a replacement property without further evidence of expedience.

Parties
Claimant: John Alexander; Defendant: William Alexander; Defendant: Robert Shuker; Defendant: Carol Shuker; Defendant: Daniel Taheri-Anjedani; Defendant: Marcel Taheri-Anjedani; Defendant: Gerald Hemming; Defendant: Christine Hemming
Jurisdiction
England and Wales
Judgment Date
21 October 2011
Procedural Posture
Trustee Application / Judgment on Application
Outcome
Application granted in part
Legal Topics
Trustee Powers, Variation of Trusts, Sale of Trust Property
Trusts and Estates Trustee Powers Variation of Trusts Sale of Trust Property

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Parties

John Alexander

Claimant

William Alexander

Defendant

Robert Shuker

Defendant

Carol Shuker

Defendant

Daniel Taheri-Anjedani

Defendant

Marcel Taheri-Anjedani

Defendant

Gerald Hemming

Defendant

Christine Hemming

Defendant

Procedural Posture

Trustee Application / Judgment on Application

Legal Issues

  1. 1 Whether the court has jurisdiction to confer power on trustees to sell trust property contrary to settlor's expressed wishes
  2. 2 Whether it is expedient to sell the trust property and/or purchase a replacement property
  3. 3 Whether the court should exercise its discretion to confer the requested power

Ratio Decidendi

The court has jurisdiction under section 57(1) of the Trustee Act 1925 to confer power on trustees to sell the cottage, as the trust instrument excludes such power and it is expedient to do so given the cottage's dereliction, lack of funds for repair, and absence of beneficiary opposition. The court will not confer power to purchase a replacement property without further evidence of expedience.

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.
  • Trustees must consult beneficiaries regarding use of proceeds; further court order required for purchase of replacement property.