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England and Wales decisions
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The High Court refused a claimants’ application to stop the estate’s representative pursuing a Ukrainian matrimonial property regime defence and counterclaim.
Given the potential prejudice to a large class of beneficiaries from the trustees' proposed exercise of a power of advancement, and in light of the requirement for issue estoppel protection established by Denaxe Ltd v Cooper, it is appropriate to join an independent solicitor as representative defendant to ensure all interests are represented and bound by the court's decision.
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Ludlow Trust Company Ltd v Homfray [2026] EWHC 1107 (Ch) (13 May 2026)
The High Court construed a 1945 trust settlement’s cross-accruer clause, holding that Simon’s Fund fell equally to the trusts of David’s and Angela’s Funds.
The High Court construed a 1945 family settlement and held that, on Simon’s death without issue, his fund fell equally into the trusts of David’s and Angela’s funds.
Woolls v Byrtt [2026] EWHC 1141 (Ch) (11 May 2026)
The High Court refused to remove a daughter as executor, finding the alleged conflicts were impliedly authorised and the proposed claims were weak or disproportionate.
The High Court refused to remove a sole executor under section 50, finding the alleged conflicts and claims were mostly speculative, minor, or disproportionate.
Cator & Ors v Thynn & Anor [2026] EWHC 1045 (Ch) (07 May 2026)
The High Court approved trustees’ proposed advancement, holding it could benefit the life tenant by allowing him to add his son to the beneficiary class.
The High Court approved trustees’ proposed advancement to let the life tenant add his surrogate-born son to the trust’s beneficiary class.
The Court found that the Cemetery is owned by the Claimant and subject to the Local Government Act 1972, rendering the Tomlin Order void. The Defendants must deliver up all records and control of the Cemetery, provide an account for all funds, and explain discrepancies. The injunction is extended to the First to Sixth Defendants, including material relating to the Outlook email account and all relevant bank accounts. The Sixth and Seventh Defendants are not liable to provide an account or bear liability for misappropriated funds due to lack of involvement.
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This was a hostile beneficiaries' dispute in which the claimant's allegations of trustee misconduct were dismissed. The general rule applies: the unsuccessful claimant must pay the successful defendants' costs on the standard basis, with no sufficient reason to depart from this rule based on conduct or partial success. Trustees are entitled to indemnity from trust assets for any unrecovered costs.
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