Duties of disclosure by outgoing trustees to their successors

Questions can sometimes arise as to the rights of a successor trustee to delivery up of the files and other documents held by the outgoing trustee in relation to the trust where there is a transfer of the trusteeship.  The general principle is clear enough: all the files and documents in the hands of the outgoing trustee should be handed over to the successor trustee without question.

However, where the handover takes place against the backdrop of the trustee being forcibly removed from office and/ or in the context of threatened breach of trust proceedings, the outgoing trustee is likely to be particularly sensitive as to the documents that are transferred.

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