Procter v Procter & Ors

7 September 2023

[2023] EWHC 3388 (Ch)

High Court

A family is fighting over land. The court took the land away from the family members who were arguing and gave it to a professional trustee to manage it and avoid more problems.

Key Facts

•Application for removal and appointment of trustees regarding freehold land.
•Freehold title vested in the First Defendant (surviving personal representative).
•Fourth Defendant (Womble Bond Dickinson Trust Corporation Limited) is trustee of family trusts and holds beneficial interest in the land.
•Previous judgments removed First and Second Defendants as trustees, appointing the Fourth Defendant.
•Fourth Defendant seeks to vest legal title in itself to safeguard title and avoid conflict amongst siblings.
•Concerns about siblings' conduct and potential conflict of interest.
•Concerns regarding the handling of rents and lack of protection of beneficiaries' interests.
•Agricultural Holdings Act arbitration commenced by the Second Defendant.
•Claimant's behaviour as legal owner of a partnership lease raising concerns.

Legal Principles

Undesirability of leaving the First Defendant as sole legal trustee due to potential conflicts and lack of protection of beneficiaries' interests.

Letterstedt v Broers [1884] UKPC 1

Outcomes

Order made to vest legal title to relevant portions of land in the Fourth Defendant alone.

To avoid conflicts between siblings, ensure protection of beneficiaries' interests, and address concerns about conduct and handling of rents.

Liberty to apply regarding certain parcels of land where vesting orders are not currently sought.

To allow for further consideration and potential future applications.

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