Court Court of Appeal | ||
 | ||
Citation(s) [1982] Ch 61, [1981] 3 All ER 220 | ||
Re Duke of Norfolk’s Settlement Trusts [1982] Ch 61 is an English trusts law case, which confirmed that a court has the inherent jurisdiction to remunerate a trustee.
Contents
Facts
The Schroder Executor & Trustee Co Ltd had a fee scale set under their trust instrument to administer the Duke of Norfolk's settlement trust (after the death of the 16th Duke, Bernard Fitzalan-Howard, 16th Duke of Norfolk). The trustees claimed an extra £25,000 in fees for exceptional and unforeseen work involved in a central London property redevelopment scheme, and similar work surrounding the Capital Transfer Tax 1975 introduction and also to revise the fee scale for the future.
At first instance Walton J granted the first claim, but not the second two.
Judgment
Fox LJ, overturning Walton J, confirmed that the court had the inherent jurisdiction, not only to authorise payment of trustees where none had been made by the settlor, but also to increase it. He said,
Brightman LJ and Cumming-Bruce LJ concurred.