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Trusts: Trustee De Son Tort and Fund Costs

Representation of Appledore Trustees Limited re Blueberry Family Settlement [2023] JRC 156 – The Court set out and considered the principles for depriving a trustee of the usual order that it is entitled to have its costs paid out of the trust fund in non-hostile trust litigation.  These principles applied to a trustee de son tort.  On the particular facts, it was held that the trustee de son tort had not conducted itself reasonably in the proceedings.  It had sought to cling to the trusteeship regardless of the merits of its arguments.  It was accordingly deprived of 40% of the costs that it would otherwise have been entitled to have paid out of the trust fund.

Bridgeford A. WDJL, 18 -24 September 2023