Francis Andre Malcolm Cook & Anor v No Defendant

Francis Andre Malcolm Cook & Anor v No Defendant

Given the lack of direct evidence of the terms of the lost trust, but strong circumstantial evidence that the deceased intended to benefit her family, the court cannot positively declare Jason Fassam as the sole beneficiary. However, the court may make a Benjamin order permitting the claimants to pay the proceeds to Jason on the assumption he is the sole remaining beneficiary, thereby protecting the claimants from liability for misapplication but not barring any future claims by third parties.

Parties
Claimant: Francis Andre Malcolm Cook; Claimant: John Charles Redwood
Jurisdiction
England and Wales
Judgment Date
08 November 2025
Procedural Posture
Probate/trusts (part 8 Claim) / Judgment on Paper Application for Directions
Outcome
Benjamin order granted; directions given
Legal Topics
Lost Trust Instrument, Benjamin Order, Distribution of Trust Assets, Personal Representatives' Liability
Trusts and Estates Probate Lost Trust Instrument Benjamin Order Distribution of Trust Assets Personal Representatives' Liability

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Parties

Francis Andre Malcolm Cook

Claimant

John Charles Redwood

Claimant

Procedural Posture

Probate/trusts (part 8 Claim) / Judgment on Paper Application for Directions

Legal Issues

  1. 1 Whether the claimants, as executors, may distribute the proceeds of a life assurance policy held on trust where the trust instrument is lost and the terms are unknown
  2. 2 Whether the court can protect the claimants from liability in distributing the fund to Jason Fassam as the sole apparent beneficiary

Ratio Decidendi

Given the lack of direct evidence of the terms of the lost trust, but strong circumstantial evidence that the deceased intended to benefit her family, the court cannot positively declare Jason Fassam as the sole beneficiary. However, the court may make a Benjamin order permitting the claimants to pay the proceeds to Jason on the assumption he is the sole remaining beneficiary, thereby protecting the claimants from liability for misapplication but not barring any future claims by third parties.

Court Disposition

Benjamin order granted; directions given

Orders

  • The claimants are at liberty to pay the policy proceeds to Jason Fassam on the assumption he is the sole remaining beneficiary, with protection from liability for misapplication.
  • Any claim by a third party against Jason is not barred by this order and must be resolved according to law.