Jasmine Trustees Ltd and others v Wells and Hind (A Firm) and Another: ChD 19 Jan 2007

The original trustees had puported to appoint to act in their stead a company and an individual. The beneficiaries said that the trust deed required two individuals, and a trust corporation was not such.
Held: The word ‘individuals’ in section 37(1)(c) of the 1925 Act had to be given its natural meaning, within its legislative context. The original trustees were not discharged, and actions taken by the invalidly appointed trustees were ineffective, the purported trustees being merely trustees de son tort.
Mann J
[2007] EWHC 38 (Ch), Times 12-Feb-2007
Bailii
Trustee Act 1925 37(1)(c)
England and Wales

Updated: 01 February 2021; Ref: scu.247967