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
