Public Trustee v Harrison & Ors

Public Trustee v Harrison & Ors

The interests of Jeffery and David Harrison are 'sub-shares' under the Indenture. Upon David's death without issue, clause 16(i) of the Indenture applies, causing David's sub-share to accrue to Jeffery's sub-share and thus to be distributed to Jeffery's children (the First and Second Defendants).

Parties
Claimant: The Public Trustee (as trustee of the Charles Willis Harrison 1924 Settlement); First Defendant: Guy Charles David Harrison; Second Defendant: Judy Tessa Rosemarie Mackay; Third Defendant: Anne-Marie Helen Harrison-Mills
Jurisdiction
England and Wales
Judgment Date
02 February 2018
Procedural Posture
Part 8 Claim for Trustee Directions / Judgment After Hearing
Outcome
Claim allowed; directions granted to the public trustee.
Legal Topics
Construction of Trust Instruments, Accruer Clauses, Trustee Directions, Interpretation of Settlements
Trusts and Estates Property Law Construction of Trust Instruments Accruer Clauses Trustee Directions Interpretation of Settlements

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Parties

The Public Trustee (as trustee of the Charles Willis Harrison 1924 Settlement)

Claimant

Guy Charles David Harrison

First Defendant

Judy Tessa Rosemarie Mackay

Second Defendant

Anne-Marie Helen Harrison-Mills

Third Defendant

Procedural Posture

Part 8 Claim for Trustee Directions / Judgment After Hearing

Legal Issues

  1. 1 Whether the share of David Harrison under the Settlement accrues to his brother Jeffery Harrison's share or to the wider class of N/K Harrison's children upon David's death without issue
  2. 2 Proper construction of the Indenture and Scheme governing the Settlement

Ratio Decidendi

The interests of Jeffery and David Harrison are 'sub-shares' under the Indenture. Upon David's death without issue, clause 16(i) of the Indenture applies, causing David's sub-share to accrue to Jeffery's sub-share and thus to be distributed to Jeffery's children (the First and Second Defendants).

Court Disposition

Claim allowed; directions granted to the public trustee.

Orders

  • The public trustee is obliged to apply the Disputed Share in accordance with clause 16(i) of the Indenture, i.e., to the First and Second Defendants.