Re Evans (deceased)

A lay administrator who distributed an estate after taking advice and buying insurance was partially relieved from liability under section 61 of the Trustee Act 1925.

Citation
[1999] 2 All ER 777
Court
Chancery Division
Year
1999
Subject
Equity and Trusts
Topic
Breach of trust and defences

Facts

Mrs Evans was the administratrix of her father's estate. Her brother, who was also entitled to a share of the estate, had not been in contact with the family for many years. On legal advice, she bought an insurance policy to cover the risk of his reappearing, and distributed the whole estate to herself. When the brother reappeared, the insurance did not cover the full value of his share, and he claimed the balance from her.

Legal principle

David Mackie QC, sitting as a deputy judge, held that Mrs Evans had acted honestly and reasonably, and ought fairly to be excused in part, under section 61 of the Trustee Act 1925. She was a lay person who had acted on legal advice, and had taken out insurance. She was relieved from liability for the capital of her brother's share that exceeded what she could realise from the estate, but was liable to account for the value of the property she had kept, to the extent that it represented her brother's share.

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