Monkcom & Anor Re JC Druce Settlement

Monkcom & Anor Re JC Druce Settlement

The court held that, applying the Human Rights Act 1998 and relevant case law, the statutory provisions on legitimacy and adoption must be read down to include illegitimate, adopted, and legitimated children as beneficiaries under the Settlement, even though the trust instrument predates the statutes. The unborn child is also included as a beneficiary by common law construction. The trustees are authorised to distribute the trust fund on this basis and are protected from personal liability.

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
Application granted
Legal Topics
Construction of Trust Instruments, Legitimacy and Adoption in Succession, Retrospective Application of Statutes, Discrimination Under ECHR, Benjamin Order
Trusts and Estates Property Law Human Rights Construction of Trust Instruments Legitimacy and Adoption in Succession Retrospective Application of Statutes Discrimination Under ECHR Benjamin Order

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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, adopted, and legitimated descendants are included as beneficiaries under the Settlement
  2. 2 Whether an unborn child qualifies as a beneficiary under the Settlement
  3. 3 Whether the Human Rights Act 1998 and related statutes require 'reading down' of pre-existing trust instruments to avoid discrimination

Ratio Decidendi

The court held that, applying the Human Rights Act 1998 and relevant case law, the statutory provisions on legitimacy and adoption must be read down to include illegitimate, adopted, and legitimated children as beneficiaries under the Settlement, even though the trust instrument predates the statutes. The unborn child is also included as a beneficiary by common law construction. The trustees are authorised to distribute the trust fund on this basis and are protected from personal liability.

Court Disposition

Application granted

Orders

  • Declaration as to the construction of the Settlement: all disputed individuals (illegitimate, adopted, legitimated, unborn) are beneficiaries.
  • Benjamin order: trustees may distribute the fund on the footing that the members of the class of beneficiaries are those identified in the Schedule, without risk of personal liability.