Court ruling clarifies trust corporation removal

On May 19, 2025, the High Court of Justice in England and Wales delivered its judgment in the case of The Honourable William Francis Seymour, Earl Of Yarmouth v Ragley Trust Company Limited & Ors (EWHC 1099 (Ch)). This case centred on Lord Yarmouth’s request for the removal of two trust corporations serving as co-trustees of several settlements tied to the Marquessate of Hertford. The ruling underscores the complex interplay of family dynamics and the legal considerations inherent in trust management.

The claimant, Lord Yarmouth, is the eldest son and heir of the ninth Marquess of Hertford. He initiated legal action against the current trustees, accusing them of neglecting their fiduciary responsibilities and acting under the influence of his parents, Lord and Lady Hertford. The trusts in question were established to ensure the preservation of the family estate at Ragley Hall, a site with considerable historical significance for the Seymour family dating back to the 17th century.

In response, the defendants, which included Ragley Trust Company Limited and other associated parties, defended their actions vigorously. They expressed their willingness to step aside if it was deemed necessary for the beneficiaries’ best interests. Throughout the legal proceedings, they pushed back against claims of misconduct and any allegations implying they had failed in their duties.

The trustees, made up of individuals with deep-rooted ties to the family, contended that they acted with independence, striving to protect the estate and its assets. Mr Andrew Hay, a prominent trustee, provided detailed evidence regarding their management of trust assets, emphasising the importance of keeping the estate viable for future generations.

The court identified underlying familial tensions, particularly Lord Yarmouth’s serious allegations of “gaslighting” by his parents and claims of emotional distress. However, these personal issues did not undermine the trustees' operational decisions regarding the trusts.

Central issues in the case included accusations that:

• The trustees had shown undue deference to Lord and Lady Hertford, jeopardising their independent judgement.
• Concerns were raised about trustees’ abilities to maximise income from trust assets, notably vast tracts of land.

While Lord Yarmouth articulated worries about the estate’s financial management, evidence was presented that indicated a substantial capital growth in the trust’s assets. The trustees contended that they acted according to the broader intentions of the settlor, particularly focused on the continuity of the Ragley estate for the family.

In their ruling, the judges acknowledged the personal rifts between Lord Yarmouth and his parents but concluded that these sentiments did not provide adequate grounds for removing the trustees. Although allegations of misconduct existed, the court found no convincing evidence suggesting that the trustees’ actions threatened the trust property or compromised beneficiaries' rights.

Ultimately, the court dismissed the requests for removal, accentuating the importance of prioritising the welfare of all beneficiaries, including Lord Yarmouth's siblings. The judges reaffirmed the essential role of experienced trustees in maintaining the integrity and continuity of trust management.

This ruling highlights the intricate balance necessary in managing trusts, particularly in familial settings. The court's insistence on the fair management of trust corporations, within the context of the estate's deep-rooted history, reflects the complex legal and emotional landscape associated with family trusts.

Copyright & permissions