Jessica Stafford
Jessica specialises in trust, probate and succession disputes, both domestic and those spanning multiple jurisdictions. Jessica has particular expertise in trust disputes involving Jersey, having worked there for two years prior to joining Charles Russell Speechlys in November 2015. Jessica's trust dispute experience includes claims involving hostile beneficiaries, applications to the Court for directions, and trustee removal applications. In relation to contested probate matters, Jessica's experience includes claims for provision under the Inheritance (Provision for Family and Dependants) Act 1975, will validity disputes, issues with estate administration, and applications for rectification and construction.
Jessica was shortlisted for Citywealth's top 100 future leaders in 2017 and 2018 and received a STEP Worldwide Excellence award in 2017.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2012
Membership
- Student member of STEP and ACTAPS, Contra
Education
- The University of Nottingham, History BA (2003-2006)
- GDL and LPC, BPP Law School (Distinction)
1 Contributions by Jessica Stafford
PRACTICE NOTES
Trustee removal and appointment under Trustee Act 1925 s 41: expediency test, alternatives, procedure (CPR 8/7), evidence, standing and costs in England and Wales
Power of court to appoint new trustees
This Practice Note outlines the purpose and process of section 41 of the Trustee Act 1925 (TA 1925), which gives the court power to appoint or replace trustees in specified situations. As a remedy of last resort, this Practice Note sets out when that jurisdiction might be engaged. It also reviews alternative options open to practitioners and differentiates between the scope of TA 1925, s 41 and the court’s inherent power to remove trustees. Under TA 1925, s 41 the court has a statutory power to appoint a new trustee, either instead of, or in addition to, those currently acting. TA 1925, s 41 states in effect that, whenever it is expedient to appoint a new trustee or trustees, and it is found inexpedient, difficult, or impracticable to do so without the court’s assistance, the court may make an order appointing a new trustee or trustees, either by substituting for, or adding to, any existing trustee or trustees, or even where there is no existing trustee. In particular, and without limiting the generality of that provision, the court may make such orders in line with the general power explained in this section above...
Private Client
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