The First Armagh Presbyterian Church, Re [2022] NICh 4 (15 March 2022)

The First Armagh Presbyterian Church, Re [2022] NICh 4 (15 March 2022)

The court has inherent jurisdiction to remove a trustee without replacement where the trustee lacks capacity and statutory provisions do not provide for such removal; Mr Faris is removed as trustee due to incapacity.

Citation
[2022] NICh 4
Parties
Trustee (patient): William Lesley Faris; Trustee (petitioner): Thomas Henry McKennell; Trustee (petitioner): David George Harrison; Trustee (petitioner): Ian Kyle; Trustee (petitioner): James Alistair Menary; Trustee (petitioner): Malcolm Shaw; Trustee (petitioner): Heather Stevenson; Interested Party: Attorney General for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
15 March 2022
Procedural Posture
Petition for Removal of Trustee / Final Judgment
Outcome
trustee removed
Legal Topics
Removal of Trustee, Incapacity, Inherent Jurisdiction, Charitable Trusts
Trusts Charity Law Removal of Trustee Incapacity Inherent Jurisdiction Charitable Trusts

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Parties

William Lesley Faris

Trustee (patient)

Thomas Henry McKennell

Trustee (petitioner)

David George Harrison

Trustee (petitioner)

Ian Kyle

Trustee (petitioner)

James Alistair Menary

Trustee (petitioner)

Malcolm Shaw

Trustee (petitioner)

Heather Stevenson

Trustee (petitioner)

Attorney General for Northern Ireland

Interested Party

Procedural Posture

Petition for Removal of Trustee / Final Judgment

Legal Issues

  1. 1 Does the court have inherent jurisdiction to remove a trustee without replacement?
  2. 2 Is there statutory authority for removal of a trustee without replacement in Northern Ireland?
  3. 3 Can an attorney act to resign a trustee under enduring power of attorney?

Ratio Decidendi

The court has inherent jurisdiction to remove a trustee without replacement where the trustee lacks capacity and statutory provisions do not provide for such removal; Mr Faris is removed as trustee due to incapacity.

Court Disposition

trustee removed

Orders

  • William Leslie Faris is discharged and removed from trusteeship of First Armagh Presbyterian Church trusts.
  • Property at 57 Newry Road, Armagh (folio 299L Co Armagh) vests in remaining trustees on same trusts.