Searching title and trusts: In the UK, the duty of trustees to notify and provide information to beneficiaries is a cornerstone of trust law. While the name "Sandwell" often appears in high-profile cases involving NHS Trusts (such as Sandwell and West Birmingham Hospitals NHS Trust v CD), the most significant recent UK case regarding trustees' failure to provide information to beneficiaries is Lewis v Tamplin [2018]. All English City Councils provide trust services. We cannot allow the issue of notice or the failure to provide it work as a Loophole or Lacunae for fraud. The Courts have put down squatters rights as an unnecessary loophole.

Searching land title and trusts:  

 In the UK, the duty of trustees to notify and provide information to beneficiaries is a cornerstone of trust law. While the name "Sandwell" often appears in high-profile cases involving NHS Trusts (such as Sandwell and West Birmingham Hospitals NHS Trust v CD), the most significant recent UK case regarding trustees' failure to provide information to beneficiaries is Lewis v Tamplin [2018]. All English City Councils provide trust services.  We cannot allow the issue of notice or the failure to provide it work as a Loophole or Lacunae for fraud. The Courts have put down squatters rights as an unnecessary loophole.  

Here is a discussion of the key principles and cases regarding the failure to provide notice or information to beneficiaries.

1. The Core Duty: Lewis v Tamplin [2018]

This is perhaps the most critical recent case for your question. It involved a family trust where the trustees (who were also family members) refused to provide information to other beneficiaries about the management of trust land.

 * The Ruling: The High Court clarified that trustees have a fiduciary duty to keep beneficiaries informed. They cannot simply refuse requests for information by claiming the beneficiaries already have "enough" or that the requests are "annoying."

 * Consequences of Failure: The court ordered the trustees to pay the legal costs personally because their refusal to provide information was "unreasonable." This case established that beneficiaries have a right to hold trustees to account, and withholding information is a breach of that stewardship.

2. Key Legal Principles in the UK

UK law breaks down the "notice" and "information" issue into several distinct requirements:

A. The Duty to Inform of the Trust's Existence

Trustees are generally under a duty to inform a beneficiary of the existence of the trust and the nature of their interest (especially if the interest is "vested," meaning they are definitely entitled to it).

 * The Risk: If a trustee fails to notify a beneficiary and then distributes the money to others, they are personally liable for a Breach of Trust.

B. The "Londonderry" Principle (Re Londonderry’s Settlement [1965])

While beneficiaries have a right to see "trust documents" (like accounts and the trust deed), they do not have an automatic right to see documents that reveal the reasons behind a trustee's specific decisions.

 * The Exception: If a beneficiary suspects the trustees are acting in bad faith or dishonestly, they can ask the court to intervene and force disclosure.

C. Schmidt v Rosewood Trust Ltd [2003]

This Privy Council case (highly influential in the UK) changed the view of beneficiary rights from a "proprietary right" (owning the information) to the court’s inherent jurisdiction.

 * The Result: The court has the power to order disclosure of information to any beneficiary (including discretionary ones) if it is necessary for the proper administration of the trust.

3. Summary of Failure to Provide Notice

If a trustee fails to provide notice or information in the UK, the following consequences typically occur:

| Failure | Legal Consequence |

|---|---|

| Failure to notify of existence | The trustee is personally liable if assets are misallocated because the beneficiary didn't know to claim them. |

| Refusal to show accounts | The court will likely issue a Disclosure Order and force the trustee to pay the legal costs of the application (Lewis v Tamplin). |

| Acting in Secrecy | Can be used as evidence of "mala fides" (bad faith), which may lead to the removal of the trustee by the court. |

4. Distinction: "Sandwell" in UK Law

It is worth noting that if you are researching "Sandwell" specifically, you will find many cases involving Sandwell and West Birmingham Hospitals NHS Trust. These cases often deal with Article 6 (Right to a Fair Trial) and the failure to provide notice to families regarding medical treatment decisions.

In Sandwell and West Birmingham Hospitals NHS Trust v CD [2014], the court criticized the Trust for not giving the family enough notice of a court hearing, highlighting that "equality of arms" requires all parties to be informed and represented.