Kathryn Purkis analyses the transfer of trusteeship & what it means for the survival of a lien
- Whether a right of retention exists as a general incident of the equitable lien that trustees enjoy as security for such liabilities.
A transfer of representation relating to a deceased estate in the course of administration might occur for a variety of reasons including on the: death of the personal representative; an application under s 50 of the Administration of Justice Act 1985; retraction of renunciation; or, even on the rare occasion of substitution under the Judicial Trustees Act 1896.
A transfer of trusteeship is more common, simply because a trust relationship will often endure longer than an estate administration; also, there are more jurisdictional bases for such a transfer, including out of court and by consent. In those cases, there is the opportunity for a contractual indemnity to be negotiated for liabilities which might subsequently crystallise, and it is usual to do so (other than on hostile removal). If adverse claims are immediately in prospect, security or a retention will often be negotiated
