Trusts trustees and judges

Recently, in proceedings concerning the estate of the Earl of Cardigan, the courts have been unusually involved in events, such as the remuneration of trustees, the removal of a trustee and property held in trust, which might normally be dealt with by trustees, in conjunction with beneficiaries as appropriate. In Cotton & Moore v Brudenell-Bruce the Court of Appeal was to approve the sale of a property (“Tottenham House”). This was not a case when the court was being asked to empower Trustees to do something which they were not empowered to do under the powers given to them by the general law, or specifically by the trust instrument, or whether there was a doubt about the extent of those powers. It was the type of case when the trustees wished to obtain the blessing of the court for a “momentous” transaction. In Cotton and another v Brudenell-Bruce and others [2014] EWCA Civ 1312 Vos LJ explained the circumstances in which the court might assist the Trustees in this way.