What Right Do Beneficiaries Have To Request Information From Trustees?

The recent case of Lewis v Tamplin (2018 EWHC 777CH) has provided further clarification of the position established in Schmidt v Rosewood Trust Limited (2003 UKPC 26) in relation to the rights of beneficiaries to disclosure of trust documents and the court's supervisory jurisdiction.

The Case

The case of Lewis concerned a deceased's estate where she had left her estate on trust for the benefit of her six children equally "for their own use and benefit absolutely and for them to devise bequeath or appoint during their lifetime or in their will as they individually shall decide". The trust included land which could potentially be developed. Four of the children died, some intestate and the claimants were their offspring. The claimants had requested various information from the trustees (including the two surviving children) to enable them to determine if the trustees had acted properly, particularly in relation to the dealings with the land.