Equity: Tarasiewicz v Titford

Abstract

The trustees sought an order under s 64(1) of the Trustee Act 1956 giving them the power to sell the property in question. Lang J confirmed that the Trust Deed would permit such a sale but the Court had to be satisfied that the sale would expedient for the trust as a whole, and not merely in the interests of one beneficiary. A key factor underpinning the Trust’s original decision to acquire property had been removed and significant capital expenditure was required to improve the property. The only realistic way of resolving the problems was to sell the property, thus it would be expedient in the management and administration of Trust to sell the property as well as being in the interests of all the beneficiaries.