The Court considered limitations on the right to disclosure of trust documents, and in particuar the need to protect confidentiality in communications between trustees as to the exercise of their dispositive discretions, and in communications made to the trustees by other beneficiaries. Trustees exercising a discretionary power are not bound to disclose to their beneficiaries the reasons actuating them in coming to a decision. In this particular case, there was no obligation to allow inspection of documents relating to trust meetings.
Judges:
Harman LJ, Danckwerts LJ, Salmon LJ
Citations:
[1964] EWCA Civ 6, [1964] 3 All ER 855, [1965] Ch 918, [1965] 2 WLR 229
Links:
Jurisdiction:
England and Wales
Cited by:
Applied – Breakspear and others v Ackland and Another ChD 19-Feb-2008
Beneficiaries sought disclosure of a wishes letter provided by the settlor to the trustees in a family discretionary trust.
Held: The confidentiality in the letter was, in the absence of some express term by the settlor, in the trustees, and . .
Cited – Vadim Schmidt v Rosewood Trust Limited PC 27-Mar-2003
PC (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary.
Held: Times had moved on, and trust documents had . .
Cited – Dawson-Damer and Others v Taylor Wessing Llp and Others ChD 6-Aug-2015
The clamants sought orders under the 1998 Act for disclosure of documents about them by the defendant solicitors and others. The defendants said that the request would require the consideration of a very large number of documents, considering in . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 12 July 2022; Ref: scu.262801