''Re Duke of Norfolk’s Settlement Trusts''

982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tar ...

Ch 61 is an

English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...

case, which confirmed that a court has the inherent jurisdiction to remunerate a trustee.

Facts

The Schroder Executor & Trustee Co Ltd had a fee scale set under their trust instrument to administer the

Duke of Norfolk Duke of Norfolk is a title in the peerage of England. The seat of the Duke of Norfolk is Arundel Castle in Sussex, although the title refers to the county of Norfolk. The current duke is Edward Fitzalan-Howard, 18th Duke of Norfolk. The dukes ...

's settlement trust (after the death of the 16th Duke,

Bernard Fitzalan-Howard, 16th Duke of Norfolk Bernard Marmaduke Fitzalan-Howard, 16th Duke of Norfolk (30 May 1908 – 31 January 1975), styled Earl of Arundel and Surrey until 1917, was a British peer and politician. He was the eldest surviving son of Henry Fitzalan-Howard, 15th Duke of ...

). The trustees claimed an extra £25,000 in fees for exceptional and unforeseen work involved in a central

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

property redevelopment scheme, and similar work surrounding the Capital Transfer Tax 1975 introduction and also to revise the fee scale for the future. At first instance, Walton J granted the first claim, but not the second two.

Judgment

Fox LJ, overturning Walton J, confirmed that the court had the inherent jurisdiction, not only to authorise payment of trustees where none had been made by the settlor, but also to increase it. He said,

Ch 61, 79 Brightman LJ and Cumming-Bruce LJ concurred.

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*''Broughton v Broughton'' (1855) 5 De GM&G 160, 164, Lord Cranworth LC *''Turner v Hancock'' (1882) 20 ChD 303, 305, per Sir George Jessel MR *''Re Worthington'' [1954] 1 WLR 526, the power to pay money should be exercised sparingly, given it is money not going to the beneficiaries *''

Foster v Spencer Foster may refer to: People * Foster (surname) * Foster Brooks (1912–2001), American actor * Foster Moreau (born 1997), American football player * Foster Sarell (born 1998), American football player * John Foster Dulles (1888–1959), American ...

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2 All ER 672, the question of whether a trustee should get money for work already done framed in terms of whether the beneficiaries had been ‘unjustly enriched’ if they would not pay. Trustees do not normally get interest on incurred, 678, ‘ordinary costs and expenses accrued in a piecemeal fashion’. *''

Malcolm v O'Callaghan Malcolm, Malcom, Máel Coluim, or Maol Choluim may refer to: People * Malcolm (given name), includes a list of people and fictional characters * Clan Malcolm * Maol Choluim de Innerpeffray, 14th-century bishop-elect of Dunkeld Nobility * Máel ...

'' (1835) 3 Myl & Cr 52, trustee claimed for several trips to Paris to attend court hearings, since they were not concerned with the trust as it related to English law. *''

Robinson v Pett Robinson may refer to: People and names * Robinson (name) Fictional characters * Robinson Crusoe, the main character, and title of a novel by Daniel Defoe, published in 1719 Geography * Robinson projection, a map projection used since the 1960 ...

'' (1734) 3 P Wms 249, 251, Lord Talbot LC said the reason for the default no allowance position ‘seems to be… if allowed, the trust estate might be loaded, and rendered of little value. Besides, the great difficulty there might be in settling the quantum of such allowance, especially as one man’s time may be more valuable than that of another; and there can be no hardship in this respect upon any trustee, who may choose whether he will accept the trust, or not.’ *''

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'' 9902 AC 663, Lord Goff held a ''

'' type quantum meruit can be made only ‘where it cannot have the effect of encouraging trustees in any way to put themselves in a position where their interests conflict with their duties as trustees.’

Notes

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References

* English trusts case law Court of Appeal (England and Wales) cases 1981 in United Kingdom case law Dukes of Norfolk

Facts

Judgment

See also

Notes

References