Public Trustee v Butler & Anor [2012] EWHC 858 (Ch) (03 April 2012)

Public Trustee v Butler & Anor [2012] EWHC 858 (Ch) (03 April 2012)

Clause 6 of the will contains only powers, not trusts, and both powers fail for uncertainty: the power to grant scholarships fails because the required list of beneficiaries does not exist, and the power to benefit 'deserving materially hardship cases' fails because 'deserving' is conceptually uncertain in this context.

Citation
[2012] EWHC 858 (Ch)
Parties
Claimant: The Public Trustee; First Defendant: Andrew Hugh Butler; Second Defendant: Manju Choudhuri
Jurisdiction
England and Wales
Judgment Date
03 April 2012
Procedural Posture
Part 8 Claim (construction of Will) / Judgment After Hearing on Construction Questions
Outcome
Powers in clause 6 are void for uncertainty; estate devolves as on partial intestacy.
Legal Topics
Construction of Wills, Certainty of Beneficiaries, Powers Vs Trusts, Partial Intestacy
Trusts and Estates Wills and Probate Construction of Wills Certainty of Beneficiaries Powers Vs Trusts Partial Intestacy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Public Trustee

Claimant

Andrew Hugh Butler

First Defendant

Manju Choudhuri

Second Defendant

Procedural Posture

Part 8 Claim (construction of Will) / Judgment After Hearing on Construction Questions

Legal Issues

  1. 1 Whether clause 6 of the will creates a trust or only powers
  2. 2 Whether the class of 'promising relatives' is sufficiently certain
  3. 3 Whether the power to benefit 'deserving materially hardship cases' is valid or void for uncertainty

Ratio Decidendi

Clause 6 of the will contains only powers, not trusts, and both powers fail for uncertainty: the power to grant scholarships fails because the required list of beneficiaries does not exist, and the power to benefit 'deserving materially hardship cases' fails because 'deserving' is conceptually uncertain in this context.

Court Disposition

Powers in clause 6 are void for uncertainty; estate devolves as on partial intestacy.

Orders

  • Questions 1(a)(i) answered yes: clause 6 contains powers only.
  • Questions 1(d) and 1(j) answered no: powers fail for uncertainty.