Barton (Deceased), Re [2002] EWHC 264 (Ch) (20th March, 2002)

Barton (Deceased), Re [2002] EWHC 264 (Ch) (20th March, 2002)

English law applies to the validity and effect of the Deed of Variation by virtue of the express choice of law in the will and the Hague Convention; under English law, the Deed of Variation is valid and effective; Texas law does not apply to defeat the variation.

Citation
[2002] EWHC 264 (Ch)
Parties
Claimant: Mark Niebuhr Tod; First Defendant: Judith Cobb Lady Barton; Second Defendant: William Godfrey Lukes Barton; Third Defendant: The Royal Society of Chemistry
Jurisdiction
England and Wales
Procedural Posture
Directions Application (chancery, Trusts) / Judgment After Hearing
Outcome
English law applies; Deed of Variation is valid and effective.
Legal Topics
Applicable Law to Trusts, Hague Trusts Convention, Recognition of Trusts Act 1987, Variation of Trusts, Conflict of Laws, Succession Law
Private International Law Trusts and Estates Applicable Law to Trusts Hague Trusts Convention Recognition of Trusts Act 1987 Variation of Trusts Conflict of Laws Succession Law

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Parties

Mark Niebuhr Tod

Claimant

Judith Cobb Lady Barton

First Defendant

William Godfrey Lukes Barton

Second Defendant

The Royal Society of Chemistry

Third Defendant

Procedural Posture

Directions Application (chancery, Trusts) / Judgment After Hearing

Legal Issues

  1. 1 Whether English law or Texas law applies to the validity and effect of the Deed of Variation of a will trust
  2. 2 Whether the Deed of Variation is valid under the applicable law
  3. 3 Interpretation and application of the Hague Convention on the Law Applicable to Trusts and their Recognition, 1985

Ratio Decidendi

English law applies to the validity and effect of the Deed of Variation by virtue of the express choice of law in the will and the Hague Convention; under English law, the Deed of Variation is valid and effective; Texas law does not apply to defeat the variation.

Court Disposition

English law applies; Deed of Variation is valid and effective.

Orders

  • If the form of order cannot be agreed, the court will hear further argument, including on costs.