Trusts and Estates
Trustees, beneficiaries and the self-dealing rule
In ‘From the courts’ on p.4 there is a note of the Court of Appeal decision in Barnsley and Others v Noble [2016] EWCA Civ
799. This was a complex case, in which claims were made against an executor alleging that he had used his position to take
advantage of the beneficiaries of shares in a family company, in which the beneficiaries of the estate and the executor had
interests. The High Court and the Court of Appeal rejected the claims against the executor. However, this did lead to an interesting
discussion of the position and duties of an executor, and of a trustee, where his personal interests and those of the beneficiaries
may conflict.