Source: All England Reporter
Publisher Citation: [2005] All ER (D) 276 (Nov)
Court: Chancery Division

Geoffrey Vos QC sitting as a deputy judge of the High Court

Representation Anne Ward (instructed by Lester Aldridge) for the claimants.
  The defendants did not appear and were not represented.
Judgment Dates: 14 November 2005


Trust and trustee - Constructive trust - Breach of fiduciary duty - Defendant executor selling property of deceased at undervalue - Whether second and third defendants colluding in breach of trust - Whether defendants liable to estate - , s 13(1), (2).

The Case

No sale made by a trustee should, after the execution of the conveyance, be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale had been made might have been unnecessarily depreciatory, unless it appeared that the purchaser had been acting in collusion with the trustee at the time when the contract for sale had been made.

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