Public Trustee v Harrison & Ors [2018] EWHC 166 (Ch) (02 February 2018)

Public Trustee v Harrison & Ors [2018] EWHC 166 (Ch) (02 February 2018)

The terms of the Indenture and Scheme require that David Harrison's share, as a 'sub-share', accrues to Jeffery Harrison's share under clause 16(i) of the Indenture, and is payable to Jeffery's children, the First and Second Defendants.

Citation
[2018] EWHC 166 (Ch)
Parties
Claimant: The Public Trustee; 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 / Judgment on Application for Directions Under CPR 64.2(a)
Outcome
Claim granted; directions issued
Legal Topics
Construction of Trust Instruments, Accruer Clauses, Trustee Directions
Trusts Probate Property Construction of Trust Instruments Accruer Clauses Trustee Directions

Case Brief

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Parties

The Public Trustee

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 / Judgment on Application for Directions Under CPR 64.2(a)

Legal Issues

  1. 1 Whether the share of David Harrison under the Settlement accrues to Jeffery Harrison's children or to the wider class of N/K Harrison's children

Ratio Decidendi

The terms of the Indenture and Scheme require that David Harrison's share, as a 'sub-share', accrues to Jeffery Harrison's share under clause 16(i) of the Indenture, and is payable to Jeffery's children, the First and Second Defendants.

Court Disposition

Claim granted; directions issued

Orders

  • The public trustee is obliged to apply the Disputed Share in accordance with clause 16(i) of the Indenture, distributing it to Jeffery Harrison's children (First and Second Defendants).