Holder v Holder

Subject Matter

ACQUIESCENCE — Breach of trust — Knowledge of legal consequences — Whether necessary

[1968] Ch 353; [1966] 3 WLR 229; [1968] 2 WLR 237

EXECUTOR AND ADMINISTRATOR — Executor — Renunciation — Joint acts of administration performed with other executors — Renunciation by one executor in order to purchase trust property — Probate granted to remaining executors — Whether renunciation effective — Minimal acts of administration before renunciation — Whether sufficient to amount to intermeddling — Whether sale to executor impeachable by beneficiaries

[1968] Ch 353; [1966] 3 WLR 229; [1968] 2 WLR 237

TRUSTS — Profit by trustee from trust — Trust property purchased by trustee — Acquiescence — Purported renunciation by executor in order to purchase trust property — Beneficiary objecting to purchase on grounds other than sale to trustee — Beneficiary instructing solicitor for that purpose — Purchase by renouncing executor — Payment to beneficiary — Trustee's inability to purchase trust property subsequently raised — Whether acquiescence by beneficiary — Whether appreciation of legal consequences of known facts necessary — Conduct of beneficiary to be taken into account — Whether beneficiary's position affected by instruction of solicitor on different point — Form of order

[1968] Ch 353; [1966] 3 WLR 229; [1968] 2 WLR 237

TRUSTS — Trustee — Purchase of trust property — Rule debarring trustee from purchase — Reasons for — Whether a rule of practice or going to jurisdiction of court

[1968] Ch 353; [1968] 2 WLR 237

Appellate History