Removing and Replacing Trustees and Personal Representatives

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Speaker:
Andrew Child
Published:
Format:
E-Training
Category:
Private Client

Harmonious relations with trustees and personal representatives at the time of the conception of a will or trust do not always endure thereby necessitating their removal and replacement.  In an area where there is limited reported case law authority providing practitioners with guidance on how to proceed, Andrew Child provides a complete guide to the contentious and non-contentious removal of trustees and personal representatives. Having been involved in several reported cases in this field, Andrew shares his expertise on procedure, the grounds to rely on and the test to be applied when removing and replacing trustees and personal representatives.      

What is included?

  • 33 minute audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
  • Assessment facility – take a multiple choice test online to gain 1 CPD point
  • CPDtracker – keep track of all your CPD points online


Content and Learning Outcomes:

  • How to remove and replace trustees:
    • with and without court intervention
    • using the courts inherent jurisdiction
  • Procedural considerations when removing and replacing trustees
  • The courts jurisdiction to remove and replace personal representatives
  • Who can bring an application and the procedure for removing and replacing personal representatives
  • Procedural considerations when appointing judicial trustees
  • Factors that the court will consider when exercising it’s discretion to remove and replace trustees and personal representatives
  • Top 5 practice points for dealing with replacement and removal of trustees and personal representatives

Who Should Listen:

  • Solicitors
  • Barristers
  • Paralegals
  • Legal Executives

Level of Expertise: Intermediate

 

Please click here for a FREE 10 minute demo

Andrew Child 3 Stone Buildings

Andrew specialises in litigation and advisory work relating to trusts, estates and capital taxation.  He regularly advises and appears for trustees and / or beneficiaries in breach of trust claims which involve associated revenue and private international law questions. Chambers & Partners 2010 noted that in the field of traditional chancery, Andrew’s practice “continues to go from strength to strength, with sources recommending his expertise in contentious trust and estate litigation in particular”

Commentators viewed him as "a highly effective advocate, who plays the right points very well”.  Chambers & Partners 2011 notes that Andrew applies his "terrific powers of analysis" when dealing with claims over litigious trust and estates issues and that he has particular expertise in the removal of trustees and executors from their roles. His "pragmatic application of the law to the ins and outs of each case" is widely regarded.

He has been instructed in numerous high profile trust and estate disputes in recent years, including Birley v Birley, Jones v Firkin-Flood, Re Circle Trust, Walters v Smee, Prince Jeffri v BIA, Walker v Walker, Sharp v Adam and Healey v Brown.

Alkin v Raymond [2010] W.T.L.R. 1117

s36 Trustee Act 1925

Re Coates to Parsons (1886) 34 Ch D 370

s41 Trustee Act 1985

Trusts of Land and Appointment of Trustees Act 1996

Re Henderson [1940] 1 Ch 764

s41 Trustee Act 1925

Letterstedt v Broers [1881-85] All ER Rep 882, (1884) 9 App Cas 371

Isaac v Isaac [2005] EWHC 435 (Ch)

Jones v Firkin-Flood [2008] EWHC 2417

Freeman v Ansbacher Trustees (Jersey) Ltd [2009] 12 ITELR 207

s50 Administration of Justice Act 1985

CPR Part 57.13 & paras 12-13 of the Practice Direction to Part 57

Perotti v Watson [2001] EWCA Civ 116

Judicial Trustees Act 1896

Re Ridsdel [1947] Ch. 597

Judicial Trustee Rules 1983

Thomas & Agnes Carvel Foundation v Carvel [2008] Ch 395

Heyman v Dobson [2007] EWHC 3503 (Ch)

Kershaw v Micklewhaite [2010] EWHC 506 (Ch)

Re Weston’s Settlement [1968] 3 All E.R. 338

Angus v Emmott [2010] EWHC 154 (Ch)

Alkin v Raymond [2010] W.T.L.R. 1117

Thomas Agnes Carvel Foundation v Carvel [2007] EWHC 1314 (Ch)

Re Wrightson [1908] 1 Ch 789

Lewin on Trusts (18th ed) John Mowbray QC; Lynton Tucker; Nicholas Le Poidevin QC; Edwin Simpson; James Brightwell

Re Consiglio’s Trusts (1973) 36 DLR (3d) 658

Kain v Hutton [2007] N.Z.C.A. 199

Civil Court Practice 2010 (The Green Book)

Williams Mortimer and Sunnocks - Executors, Administrators and Probate (19th ed) John Ross Martyn; Nicholas Caddick 

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with us is maintained online and is accessible to you for two years/until you delete your CPDtracker account.

 

  • Add the audioCPD(s) to your cart and pay by credit card
  • You will receive an email with your username and password
  • Log into MyCPD to access the files at your convenience
  • Listen to the audioCPD and answer 3 out of 5 multiple choice questions correctly to gain your CPD point

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