Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

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

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Practice notes

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...

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Jessica Stafford

Charles Russell Speechlys LLP

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. ...

Web page updated on 22/05/2026

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