Marcus v Marcus [2025] EWHC 1695 (Ch) (09 July 2025)
The term 'children' in the settlement deed includes Edward, who was treated as a child by the settlor and believed by the settlor to be his biological child at the time of execution, as the context and surrounding circumstances displace the ordinary meaning limited to biological children.
- Citation
- [2025] EWHC 1695 (Ch)
- Parties
- Claimant/appellant: Jonathan Ewan Marcus; Defendant/respondent: Edward Quintin Marcus
- Jurisdiction
- England and Wales
- Judgment Date
- 09 July 2025
- Procedural Posture
- Appeal / Judgment on Appeal From Master Marsh
- Outcome
- Appeal dismissed
- Legal Topics
- Construction of Trust Deeds, Definition of 'children' in Trusts, Beneficiary Class Determination
Case Brief
Summary, issues, holding and outcome
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Parties
Jonathan Ewan Marcus
Claimant/appellant
Edward Quintin Marcus
Defendant/respondent
Procedural Posture
Appeal / Judgment on Appeal From Master Marsh
Legal Issues
- 1 Whether the term 'children' in a trust deed includes a non-biological child treated as a child by the settlor.
Ratio Decidendi
The term 'children' in the settlement deed includes Edward, who was treated as a child by the settlor and believed by the settlor to be his biological child at the time of execution, as the context and surrounding circumstances displace the ordinary meaning limited to biological children.
Court Disposition
Appeal dismissed
Orders
- Edward Quintin Marcus is within the class of 'children' beneficiaries under the settlement.
Full Case Text
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