Seminar | Losing counsel: Alizade v Kudlick - Executors' and trustees' obligations to provide an account - how late is too late to enforce?

We are delighted to welcome Owen Curry of XXIV Old Buildings to review the recent High Court decision in Alizade v Kudlick dismissing claims for an account as executor and trustee.

 Jemma Alizade, a granddaughter of Harold and Ethel Miller who died in 1984 and 1987, issued a claim in May 2021 for accounts in relation to:

• her grandparents' estate administration;
• her grandparents' Will trusts; and
• her grandfather's lifetime trust.

The defendant was a retired chartered accountant and senior partner. By the time the claim was issued he was 87 and in poor health. He had retired as a trustee at least three years beforehand.

The judgment considers the breadth of relief sought, the distinction between the duties of current and retired trustees, and the limited circumstances in which it is appropriate to not make an order to enforce the duty of a trustee or personal representative to provide a full account of their dealings with estate or trust property.

Owen Curry appeared for the claimant.  He will assess the judicial reasoning and lessons to be learned.

Registration will start at 12.45pm, with the seminar starting at 1pm.

If you would like to attend, please RSVP here.