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England and Wales Case Law

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Trusts and estates

William Francis Seymour v Ragley Trust Company Limited & Anor

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.

  • Costs orders
  • Trustee indemnity
  • Removal of trustees
  • Beneficiaries' disputes
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Trusts and estates [2026] EWHC 144 (Ch)

Smith & Ors v Campbell & Ors

Smith & Ors v Campbell & Ors [2026] EWHC 144 (Ch) (29 January 2026)

Post-trial costs ruling in trustee-removal litigation: no order as to costs, and the trustees remained entitled to indemnity from the trust assets.

  • Costs orders
  • Trustee indemnity
  • Removal of trustees
  • Alternative dispute resolution
  • Litigation conduct
  • Trustee-indemnity
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Trusts and estates

Nathan James Smith & Ors v Ian Patrick Campbell & Ors

The High Court partially replaced trustees of a family will trust after finding one trustee’s hostility to beneficiaries risked proper administration.

  • Removal of trustees
  • Trustee duties
  • Beneficiary rights
  • Conflict of interest
  • Trust administration
  • Trustee-removal
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Trusts [2025] EWHC 1099 (Ch)

Seymour v Ragley Trust Company Ltd & Ors

Seymour v Ragley Trust Company Ltd & Ors [2025] EWHC 1099 (Ch) (19 May 2025)

The High Court removed two corporate trustees from family settlements linked to Ragley after finding an irretrievable breakdown in trust and confidence.

  • Removal of trustees
  • Breakdown of trust and confidence
  • Dynastic trusts
  • Trustee independence
  • Beneficiary rights
  • Trust administration
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Insolvency

Olena Tyshchenko v Adrian Hyde & Ors

The appeal was allowed in part because the lower court erred by failing to consider whether the bankruptcy proceedings should be stayed as regards the possession and sale of Tanglewood Villa, given the pending outcome of the WWRT proceedings and the Trustees’ own position that no distribution would occur until that litigation concluded. However, on remaking the decision with further evidence, the court found that ongoing and irrecoverable costs, deterioration and declining value of the property, and lack of evidence that the applicant could cover the Trustees’ costs or maintain the property,…

  • Stay of bankruptcy proceedings
  • Removal of trustees
  • Adjournment applications
  • Conflict of interest
  • Costs of trustees
  • Sale of family home
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Trusts

Procter v Procter & Ors

It is undesirable for the First Defendant to remain sole legal trustee due to justified concerns about conflict and self-serving conduct; vesting legal title in the Fourth Defendant alone as independent trustee is necessary to safeguard beneficiaries' interests.

  • Removal of trustees
  • Appointment of trustees
  • Vesting orders
  • Beneficial ownership
  • Conflict of interest
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Trusts

Sutinder Kaur Hanspaul & Ors v John Howard Wearing & Ors

Removal of trustees is not justified before the third defendant's interests are effectively and finally separated; claimants are not suitable replacements due to conflict of interest; no independent professional trustee identified; trustees have constructively engaged to implement the agreement; welfare of all beneficiaries requires retention of independent trustees.

  • Removal of trustees
  • Administration of trusts
  • Beneficiary interests
  • Trustee duties
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Insolvency [2024] EWHC 838 (Ch)

Tyshchenko v Hyde & Ors (Re Olena Tyshchenko - Insolvency Act 1986)

Tyshchenko v Hyde & Ors (Re Olena Tyshchenko - Insolvency Act 1986) [2024] EWHC 838 (Ch) (17 April 2024)

High Court appeal in bankruptcy proceedings: time was extended, permission to appeal was refused on trustee-removal and adjournment issues, and the stay issue was reconsidered.

  • Stay of bankruptcy proceedings
  • Removal of trustees
  • Adjournment of hearing
  • Possession and sale of property
  • Extension of time for appeal
  • Bankruptcy
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Trusts and estates [2023] EWHC 2062 (Ch)

Hanspaul & Ors v Wearing & Ors

Hanspaul & Ors v Wearing & Ors [2023] EWHC 2062 (Ch) (16 August 2023)

The High Court refused to remove the trustees of a family trust, holding that their continued office was needed to protect a beneficiary until an agreed buy-out was completed.

  • Removal of trustees
  • Trust administration
  • Beneficiary interests
  • Family trusts
  • Trustee-removal
  • Trust-administration
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