eprivateclient

No surrender! What happens when trustees can’t agree?

Geoff Kertesz, partner and head of the will & trust disputes team & Lavinia Randall, associate, BDB Pitmans, 17/10/2019

Most trust and estate practitioners will have experienced beneficiaries being unhappy with a decision made by trustees. Perhaps less common is a situation where the trustees simply cannot make a decision because they cannot agree between themselves. What happens then?

What can trustees do if they don’t agree?

Trustees are normally required to act unanimously. And they are normally expected to make their own decisions rather than ask a Court to assist.

Usually, even where agreement among trustees is elusive, there will be discussions and an exchange of proposals, which can often lead to compr...


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