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Litigation Letter

Discretionary trustees have to account to beneficiaries

Blades v Isaac and Another (2016) 30 TRU 03 3, [2016] EWHC 601(Ch), 21 March 2016

The testatrix was the mother of the claimant. The defendants were the sole proving executor and another solicitor in his firm, who were trustees of the discretionary trusts created by the Will. The class of potential beneficiaries included the claimant, the claimant’s husband and the testatrix’ cleaner’s children. The claimant’s sister was added by an exercise of the trustees’ power. Distributions were made to all members of the class except the claimant’s husband, and the claimant sought information about the assets in the trust and the charges made by the trustees. This information was later provided, and the remaining issue was the cost of the proceedings. The Trustees, however, refused to supply the accounts despite the claimant’s insistence.

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