24 Jul 2018
Where proceedings squarely concern the proper administration and construction of trusts, costs incurred by participating beneficiaries are properly payable from the trust assets on a reasonable indemnity basis; specific awards were made allocating quantified costs to named beneficiaries and trusts, and limited indemnity costs were allowed for the settlor given his contribution.
12 Jun 2013
Given evidence of dysfunctional trustee relations and deadlock, together with consent from all affected parties and representative consultees, it was expedient under s51 to remove and replace the trustees and appropriate under s64A to authorise the proposed variation vesting appointment power in the trustees exercisable by deed; the variation is not to the detriment of beneficiaries and costs may be met from trust assets.
31 Jul 2009
Anil Laxman’s unexplained absence/refusal/incapacity fell within s43, permitting the continuing trustees to appoint a replacement; accordingly a vesting order under s52 was appropriate to vest the trust property (CT NA1946/8) in the continuing trustees Bhavana Laxman and Mahendra Harikisun; costs may be sought out of the trust and were reserved for determination on receipt of a memorandum.