Overturning Discretionary Trustee Decisions - Top Tips for Success

Introduction

This new virtual classroom session will explore ways in which you can successfully challenge trustee decisions without necessarily going as far as seeking to remove them from office.

It is often supposed that a discretionary decision made by a trustee is difficult or sometimes even impossible to challenge.

However, as this session will show, there are many different approaches based on either technical flaws in the execution of trustee decisions, or substantive problems with the decision making process itself, that might allow a beneficiary to make an application to court to have the decision set aside or reconsidered.

What You Will Learn

This live and interactive course will cover the following:

• Alternative ways to challenge trustee decisions
• Technical challenges based upon:
• Lack of consent
• Failure to comply with formalities
• ‘Excessive execution’
• Time limits
• Substantive challenges including:
• Failure to take account of only relevant matters
• Mistake or misapprehension
• ‘Fraud on the power’
• Breach of duty
• Duress
• Procedural routes to challenging decisions
• Obtaining disclosure from trustees
• Recent case law developments

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.