Trustees sought guidance from the court as to investment in land which might become a liability because of clean up costs associated with the Act when it came into force. Would the trustees have a lien over other property of the deceased to pay the costs?
Held: A trustee has a lien over the trust fund for his proper costs and expenses extending to an indemnity against all future liabilities of the trustee as such. The wide powers of investment did not displace the duty to act with prudence and fairly as between the beneficiaries. Whilst the trustees may not be obliged to act under the direction of the beneficiaries it remained proper to require the trustees to consult with them on such decisions.
Citations:
[2000] EWHC Ch 121
Links:
Statutes:
Environmental Protection Act 1990
Jurisdiction:
England and Wales
Citing:
Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
Cited – Re Pauling’s Settlement Trusts (No 2) 1-Jun-1963
An application was made for the trustee to be replaced. The trustee complained that he would remain liable in certain events, and sought an indemnity from any new trustee out of the trust fund.
Held: A new trustees would be under ‘the normal . .
Lists of cited by and citing cases may be incomplete.
Land, Nuisance, Environment, Trusts
Updated: 01 October 2022; Ref: scu.162992
