Removing trustees: Seymour v Ragley Trust Company Ltd (2025)
The High Court’s decision in Seymour V Ragley Trust Company Ltd underlines that the removal process of trustees is not easy. Evidence of dysfunction or misconduct is required when looking at removals. Trustees and beneficiaries, need to be reminded that the court is unwilling to override the settlor’s intentions without a convincing cause.
Published: June 24th, 2025
2 min read
Seymour v Ragley Trust Company Ltd & Ors is a case that confirmed a high threshold is required for the removal of trustees, especially those with long-standing family settlements and landed estates.
This judgment is relevant for individuals involved in estate planning, family trusts, and succession arrangements involving multiple generations and professional trustees.
The Background
The Claimant, William Francis Seymour, had brought a claim which was a removal of two trust corporations, one of which included Ragley Trust Company Ltd- as co-trustees of multiple family settlements associated with the Marquessate of Hertford.
The dispute focused on dysfunction and desire, replacing the existing trustees with an independent professional. They removed their children (Lord and Lady Hertford) and the trust corporations from their roles in administering the estate.
The Judgement
The High Court dismissed the claim and concluded that there was no sufficient breakdown in trust or misconduct by the existing trustees, the trustees had not failed in their duties and the applicant had not shown that removal was necessary for the proper administration of the trusts.
This outcome aligns with the legal principle that courts will not interfere with the settlor’s chosen trustees, particularly where they are acting lawfully and in the interests of all beneficiaries. The case reinforces that trustee removal is a last resort. Courts need evidence of dysfunction and professional trustees won’t be removed for perceived bias without proof of misconduct.
Furthermore, courts respect the settlor’s intentions and prioritise effective trust administration. Trustee disputes are becoming more common, with the need for early legal advice to prevent escalation and protect all parties.
How Can Forbes Help You?
At Forbes, we understand the legal and emotional complexities that arise in contested wills and estate disputes. Our Contentious Probate and Trusts team is experienced in handling cases involving testamentary capacity, undue influence, and breaches of fiduciary duty by executors and trustees. We offer strategic, clear advice tailored to your situation, whether you are an executor, beneficiary, or legal adviser seeking expert input. Our goal is to resolve disputes efficiently, fairly, and with minimal stress to our clients.
For more information or to discuss your case, contact our Contentious Probate and Trusts division.
For further information please contact Nicola Kate Smith
