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.
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  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  1 Ch 764
s41 Trustee Act 1925
Letterstedt v Broers [1881-85] All ER Rep 882, (1884) 9 App Cas 371
Isaac v Isaac  EWHC 435 (Ch)
Jones v Firkin-Flood  EWHC 2417
Freeman v Ansbacher Trustees (Jersey) Ltd  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  EWCA Civ 116
Judicial Trustees Act 1896
Re Ridsdel  Ch. 597
Judicial Trustee Rules 1983
Thomas & Agnes Carvel Foundation v Carvel  Ch 395
Heyman v Dobson  EWHC 3503 (Ch)
Kershaw v Micklewhaite  EWHC 506 (Ch)
Re Weston’s Settlement  3 All E.R. 338
Angus v Emmott  EWHC 154 (Ch)
Alkin v Raymond  W.T.L.R. 1117
Thomas Agnes Carvel Foundation v Carvel  EWHC 1314 (Ch)
Re Wrightson  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  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
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