Lewis v Lewis

This case arose from an application by the trustees of the Camroc Lewis Trust to vest a property into the names of the trustees. The respondents, Mrs Lindsay Lewis, had been a trustee of the Trust but had been removed due to incapacity. The applicants sought to sell the property and discovered that Mrs Lewis' name was still on the title. Mrs Lewis' name had not been removed from the title at the time of her retirement. The applicants sought leave to use the originating application process and to proceed without notice to Mrs Lewis, given her incapacity. The court granted leave on the basis that the application was straightforward and Mrs Lewis was not likely to oppose it.

The court considered the appropriate legal framework for vesting trust property in the trustees. Under the Trusts Act 2019, divesting and vesting of trust property no longer requires transfer of legal title. However, the transitional provisions applied in this case because Mrs Lewis retired before the new Act came into force. Therefore, the court had to consider the application under section 52(1)(b) of the Trustee Act 1956. The court accepted that an order under that section was appropriate because Mrs Lewis was mentally incapacitated, had ceased to be a trustee, and was unable to consent to a transfer of title.

The court made an order vesting title to the property in the names of the applicants, the current trustees of the Trust. The court also reserved leave to apply for further directions if necessary and made no order as to costs given the circumstances of the case. The court was satisfied that the vesting order was just and appropriate to ensure the trust property was properly vested in the names of the trustees.