Jonathan Ewan Marcus v Edward Quintin Marcus

Jonathan Ewan Marcus v Edward Quintin Marcus

The context and surrounding circumstances, including the settlor's belief and treatment of both Jonathan and Edward as his children, displace the natural meaning of 'children' as only biological offspring. Therefore, Edward is included as a beneficiary under the settlement.

Parties
Claimant/appellant: Jonathan Ewan Marcus; Defendant/respondent: Edward Quintin Marcus
Jurisdiction
England and Wales
Judgment Date
07 September 2025
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Construction of Trust Instruments, Definition of 'children' in Trusts, Beneficiary Class Determination
Trusts and Estates Family Law Construction of Trust Instruments Definition of 'children' in Trusts Beneficiary Class Determination

Case Brief

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Parties

Jonathan Ewan Marcus

Claimant/appellant

Edward Quintin Marcus

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the term 'children' in a deed of settlement includes a non-biological child treated as a child by the settlor

Ratio Decidendi

The context and surrounding circumstances, including the settlor's belief and treatment of both Jonathan and Edward as his children, displace the natural meaning of 'children' as only biological offspring. Therefore, Edward is included as a beneficiary under the settlement.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.