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Understanding trustee reasonableness: Natasha Holme and Peter Steen for Trusts & Trustees

Posted on 10 June 2024

In a detailed examination published by Trusts & Trustees, experts from Mishcon de Reya LLP, Associate Natasha Holme and Partner Peter Steen, alongside barrister Timothy Sherwin, XXIV Old Buildings, Lincoln’s Inn, provided insights into the standard of reasonableness required of trustees.

The article, which delves into the nuances of trustee decision-making and the legal standards applied, draws on the case of Perez v Equiom Trust Corporation (UK) Ltd & Anor to explore the objective test for reasonableness and the heightened expectations placed on professional trustees.

The discussion highlights the consequences of unreasonableness, particularly in relation to a trustee’s indemnity, and the court’s role in intervening when trustees' actions are deemed unreasonable. The authors' analysis underscores the importance of trustees acting within the bounds of reasonableness and the implications of the Perez case on trust law and trustee conduct.

Read in full.


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