Key Facts
- •NatWest Group (Claimants) sought to divest itself of its trust administration business.
- •61 remaining trusts required new trustee appointments.
- •Ludlow Trust Company Limited (First Defendant) was selected as the replacement trustee.
- •The application was unopposed, with a representative appointed to act for interested parties.
- •The court considered the expediency of appointing Ludlow and the impracticability of doing so without court assistance.
- •The case involved various trust types: discretionary, life interest, life insurance policy, and custodian trusts (including charitable trusts).
Legal Principles
Court's power to appoint new trustees when expedient and doing so without court assistance is inexpedient, difficult, or impracticable.
Trustee Act 1925, s.41(1)
Custodian trustee's power to apply for appointment of a new trustee.
Public Trustee Act 1906, s.4(2)(f)
Power to appoint new trustees applies to trusts under the Settled Land Act 1925.
Trustee Act 1925, s.64
Court's power to make vesting orders for land and other assets.
Trustee Act 1925, ss. 44, 51
Rules for hearing cases in private.
CPR r.39.2
Charity Commission's consent to court proceedings regarding charitable trusts.
Charities Act 2011, s.115
Outcomes
Ludlow Trust Company Limited appointed as trustee for the 61 remaining trusts.
It was expedient to appoint Ludlow due to the Claimants' divestment from the trust administration business and Ludlow's suitability (thorough selection process, experienced team, financial stability, and addressed fee concerns). It was also impracticable to appoint a new trustee without court assistance due to difficulties in contacting all parties with the power of appointment.
Consequential vesting orders granted under Trustee Act 1925, ss. 44 and 51.
To facilitate the transfer of trust funds to Ludlow.
Case heard in private.
Involves confidential information relating to personal financial matters and uncontentious matters in trust administration.
No order as to costs.
Costs borne by Ludlow per the Framework Transfer Agreement.