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  • Trusts Litigation Handbook

Trusts Litigation Handbook


Provides clear and comprehensive guidance on trust litigation

Trust litigation is increasingly common. Hostile litigation such as breach of trust disputes and applications for removal of trustees are frequently encountered in practice, as are applications for directions by trustees and other examples of less hostile litigation.

 The Trusts Litigation Handbook aims to provide a clear and comprehensive account of the practice and procedure governing trust litigation, together with the relevant substantive law. It will provide practitioners with clear answers and guidance to the many questions that arise in trust litigation.

 In addition to the narrative commentary, a number of expertly drafted precedents will be included.


  • Different types of trust litigation

The Trust Instrument

  • Rectification
  • Rescission
    • Ignorance and mistake
    • Fraud
    • Duress
    • Undue influence
    • Misrepresentation
  • 1958 Act variations

The Trustees

  • Appointment
    • Section 36 TA 1925
    • Section 41 TA 1925
    • Judicial trustee
    • Custodian trustee
  • Removal
    • Section 36 TA 1925
    • Section 41 TA 1925
    • Section 19 TLATA 1996
    • Section 20 TLATA 1996
    • Court’s inherent jurisdiction
  • Vesting orders
  • Administration orders
  • Trustee release applications

Trustees Seeking the Court’s Assistance

  • Applications for declarations as to the construction of the trust
  • Applications under s.48 AJA 1985
  • Applications for directions as to the exercise of the trustees’ discretion
  • Sanction of:
    • a proposed transaction/investment
    • the purchase by trustee of trust property
    • trustees’ remuneration
  • Applications under s.57 TA 1925
  • Kin inquiries and Benjamin orders
  • Re Beddoe applications
  • Prospective costs applications by trustees

Trustees’ Conduct

  • Action for accounts
  • Applications for audit by Public Trustee
  • Challenge to exercise of discretion by trustees
  • Re Hastings-Bass applications
  • Breach of duty to exercise care and skill
  • Breach of trust
    • Types of breach
    • Remedies
  • Defences
    • Exemption clauses
    • Concurrence
    • Acquiescence
    • Formal release of trustee’s breach
    • Laches
    • Limitation
    • Relief under s.61 TA 1925
  • Contribution claims
  • Prospective costs applications by beneficiaries
  • Future conduct

Interim Applications

  • Disclosure
  • Interim injunctions
  • Orders for interim payment into court

Third Party Litigation

  • Dishonest assistants
  • Knowing recipients
  • Other third party disputes

International Dimension

  • Trust litigation with a foreign element
  • Jurisdiction and choice of law

Appendix – Precedents

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