Breakspear & Others v Ackland & Another [2008] EWHC 220 (Ch)

The High Court held that, although generally expression of wishes letters ought to remain confidential, trustees may use their discretion to disclose such letters if such disclosure would be in the interests of the due administration of the trust.

Although this case related to the distribution of assets held under a family trust, it is of interest in the context of the current trend towards greater disclosure by pension scheme trustees in relation to decisions made in the exercise of the trustees' discretionary powers.

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