The Judicial Trustee Rules 1983

APPOINTMENT OF JUDICIAL TRUSTEE

Making of application

3.—(1) An application to the Court for the appointment of a judicial trustee must be made by originating summons or, if it is made in a pending cause or matter, by summons or motion in the cause or matter.

(2) An application for an injunction ancillary or incidental to an order appointing a judicial trustee may be joined with the application for such order.

(3) The Court hearing an application under paragraph (2) may grant an injunction restraining any trustee or person entitled to any interest in the property of which a judicial trustee is sought from assigning, charging or otherwise dealing with that property until after the hearing of a summons for the appointment of the judicial trustee and may require such summons returnable on such date as the Court may direct, to be issued.

(4) The evidence in support of such an application must include an affidavit by the applicant containing the following particulars so far as the applicant can gain information with regard to them:—

(a) a short description of the trust and instrument by which it is, or is to be, created;

(b) short particulars of the trust property, with an approximate estimate of its income, and capital value;

(c) short particulars of the incumbrances (if any) affecting the trust property;

(d) particulars as to the persons who are in possession of the documents relating to the trust;

(e) the names and addresses of the beneficiaries and short particulars of their respective interests; and

(f) the name, address and description of the proposal judicial trustee (if any) together with any proposal the applicant may make for his remuneration.

(5) Where the applicant cannot gain the information required on any point he must mention his inability in the affidavit.

Service of summons and notice

4.—(1) Subject to any direction of the Court—

(a) the summons shall be served on every existing trustee who is not an applicant and on such of the beneficiaries as the applicant thinks fit; but

(b) a summons issued by or on behalf of a person creating or intending to create a trust need not be served on any person.

(2) The Court may give such directions as it thinks fit for the service of the summons or the dispensing with service of the summons on any person.

(3) Where an applicant has no nomination for a judicial trustee he may, if he thinks fit, give not less than four days notice of the hearing of the application to any official of the Court who may be appointed judicial trustee.

(4) Where an official of the Court receives notice under paragraph (3) of this rule he shall not be a party to the proceedings but shall be entitled to attend the hearing.

Service of order

5.  A copy of the order appointing a judicial trustee shall be served by the party having conduct of the proceedings on the judicial trustee, such beneficiaries, former trustees and other persons as the Court may direct.

Security

6.—(1) This rule shall apply where the judicial trustee is not an official of the Court.

(2) Subject to paragraph (3) below, an order appointing a judicial trustee may include such directions as the Court thinks fit for the giving of security by the person appointed.

(3) The Court shall not, except for special reasons, require security to be given when the application is made by a person creating or intending to create a trust.

(4) Where, by virtue of paragraph (2), a person is required to give security in accordance with this rule he must give security approved by the Court duly to account for what he receives as judicial trustee and to deal with it as the Court directs.

(5) Unless the Court otherwise directs, the security shall be by guarantee.

(6) Any guarantee or undertaking ordered to be filed as security shall be filed in Chancery Chambers or, if the cause or matter is proceeding in a district registry, that registry.

Custody of trust funds, property and documents

7.  The Court may give such directions as it thinks fit as to the manner in which and the conditions subject to which—

(a) the trust fund is to be held;

(b) any title deeds, certificates or other documents which are evidence of the title to the trust property are to be held or disposed of;

(c) trust property may be vested in the judicial trustee; and

(d) any payments received or made on behalf of the trust are to be dealt with and accounts thereof are to be kept.

Applications for directions

8.—(1) A judicial trustee or any person interested in the trust may at any time request the Court to give directions as to the trust or its administration, including a direction that there shall cease to be a judicial trustee, and such request shall state in writing the matters with regard to which directions are required.

(2) The Court may require the trustee or any other person to attend at chambers (if it appears that such attendance is necessary or convenient) or may direct a summons to be issued in the proceedings, or direct an issue or issues to be tried.