Baccarini v Andrews
16 Mar 2020
The Defendants were the executors of a will, under which a substantial property was held on trust for the widow of the deceased for her lifetime.
A successful application was made to remove the defendants as executors in September 2017. However, one of the defendants continued to hold himself out as a trustee, and the question arose whether removal under s.50 Administration of Justice Act 1985 also led to removal as a trustee of the will trust.
The Chief Master held that it was; until the administration of the estate is complete, the trusteeship of the will trusts does not come into existence and it must be implicit in the removal of an executor that they are also removed as trustee. An earlier decision of Master Shuman - Da Silva v Heselton  EWHC 1181 (Ch) – was followed.
This is a helpful resolution of a moot point; often claimants applying for an order under s.50 do not also ask for removal of the defendants as trustees, and it will bring comfort to many that they need not issue a second set of proceedings.
Aidan Briggs represented the Claimants and was instructed by Rosalind Webster of Wellers Law Group LLP