Beneficiary disputes: Lines v Wilcox


Publication Date:
10 Oct 2019


Description:

What is a trustee’s role when there is a dispute to be brought on behalf of the estate which is in the interests of one beneficiary at the expense of another? If the dispute is essentially one between the beneficiaries, can the trustee adopt a neutral position and leave the beneficiaries to litigate between themselves? Do the beneficiaries have standing to bring claims that properly belong to the estate? This article addresses these questions, which were recently considered by HHJ Paul Matthews (sitting as a Judge of the High Court) in Lines v Wilcox [2019] EWHC 1451 (Ch).


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