JMW represents beneficiaries in winning application to force sale of land - resulting in 100% of legal costs covered by opposition

JMW’s Private Wealth Disputes team recently represented three beneficiaries of a trust in an application to force the sale of land, remove and replace the trustees, along with an application that the trustees provide an inventory and account of their dealings with the trust.

The matter related to various parcels of farmland,  which the trustees had refused to sell. They had collected rent and made various profits from the land and sought to hide their earnings from the beneficiaries.

The matter was fully contested and court proceedings were issued by our clients against the trustees. At an early hearing the court made an order for sale of the land, along with an order that the trustees pay our client’s costs.

The matter proceeded to a fully contested final hearing for the court to determine the other issues. The court ultimately made an order in favour of our clients and ordered the removal of the trustees, and replaced them with our clients. Our clients were then given power to sell the land. The court also ordered the trustees to account for their dealings with the estate and made an order that they pay our clients’ costs.

The former trustees continued to refuse to pay the costs order and costs proceedings were issued against them, which resulted in an order they pay 100% of costs, and charging orders were then placed against their personal properties.