Guidance from the Supreme Court on entitlement of beneficiaries to Trust information

8 March 2017

The Supreme Court has today issued its decision in Erceg v Erceg. The Court has said that a beneficiary can seek the documentation necessary to assess whether the trustees have acted in accordance with the trust deed. The underlying principle when trustees are considering disclosure of information is whether disclosure will be consistent with the proper administration of the trust and the interests of all beneficiaries, not just the beneficiary requesting disclosure. A list of factors to be weighed by trustees was listed by the Court.

The key point is that the Supreme Court has rejected any suggestion of the paramountcy of disclosure, particularly in the case of a single officious beneficiary. It favours instead a more balanced approach for the benefit of all beneficiaries.

A full article will follow shortly.

For further information please contact Ayleath Foote.