Monkcom & Anor Re JC Druce Settlement [2019] EWHC 3701 (Ch) (05 December 2019)

Monkcom & Anor Re JC Druce Settlement [2019] EWHC 3701 (Ch) (05 December 2019)

The Human Rights Act 1998 requires the court to interpret the Family Law Reform Act 1987 and Adoption Act 1976 so as to include illegitimate and adopted descendants as beneficiaries under the settlement, despite the settlement predating the relevant statutes, and a child in ventre sa mere is also included as a beneficiary by established common law construction.

Citation
[2019] EWHC 3701 (Ch)
Parties
Claimant: Richard Everard Monkcom; Claimant: Stawell Mark Searle
Jurisdiction
England and Wales
Judgment Date
05 December 2019
Procedural Posture
Part 8 Claim (trusts) / Judgment on Application for Construction and Distribution Order
Outcome
Relief granted as sought; construction of the settlement approved; Benjamin order made.
Legal Topics
Construction of Trust Instruments, Legitimacy and Adoption in Succession, Retrospective Application of Statutes, Human Rights Act 1998 Impact on Trusts, Distribution of Trust Property, Benjamin Order
Trusts and Estates Property Law Human Rights Construction of Trust Instruments Legitimacy and Adoption in Succession Retrospective Application of Statutes Human Rights Act 1998 Impact on Trusts Distribution of Trust Property +1 more

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Parties

Richard Everard Monkcom

Claimant

Stawell Mark Searle

Claimant

Procedural Posture

Part 8 Claim (trusts) / Judgment on Application for Construction and Distribution Order

Legal Issues

  1. 1 Whether illegitimate and adopted descendants are included as beneficiaries under a 1959 settlement in light of subsequent legislation and the Human Rights Act 1998
  2. 2 Whether an unborn child qualifies as a beneficiary under the settlement
  3. 3 Whether a child legitimated by subsequent marriage is a beneficiary

Ratio Decidendi

The Human Rights Act 1998 requires the court to interpret the Family Law Reform Act 1987 and Adoption Act 1976 so as to include illegitimate and adopted descendants as beneficiaries under the settlement, despite the settlement predating the relevant statutes, and a child in ventre sa mere is also included as a beneficiary by established common law construction.

Court Disposition

Relief granted as sought; construction of the settlement approved; Benjamin order made.

Orders

  • Declaration as to construction of the settlement to include all identified categories as beneficiaries, including illegitimate, adopted, legitimated, and unborn children in ventre sa mere.
  • Permission for trustees to distribute the trust fund on the basis of the identified Schedule of Beneficiaries without risk of personal liability (Benjamin order).