Albemarle John Cator & Ors v Ceawlin Henry Lazlo Thynn, Marquess Of Bath & Anor

Albemarle John Cator & Ors v Ceawlin Henry Lazlo Thynn, Marquess Of Bath & Anor

The trustees have power to exercise advancement for the benefit of the first defendant by conferring on him a power to add his son Henry to the class of beneficiaries. This is for the first defendant’s benefit, both materially and morally, and is not an improper purpose. The trustees have properly formed their opinion, their decision is rational, and there is no conflict of interest. The court approves the proposed exercise of the power of advancement.

Parties
Claimant: Albemarle John Cator; Claimant: James Felton Somers Hervey-Bathurst CBE DL; Claimant: Anthony Henry Westropp; First Defendant: Ceawlin Henry Lazlo Thynn, Marquess of Bath; Second Defendant: Caroline Jane Miller
Jurisdiction
England and Wales
Judgment Date
07 May 2026
Procedural Posture
Trusts—part 8 Claim / Judgment on Application for Court's Blessing of Proposed Exercise of Power of Advancement
Outcome
Application granted; court approves the proposed exercise of the trustees’ power of advancement.
Legal Topics
Trustees' Powers, Advancement of Trust Capital, Interpretation of Trust Instruments, Legitimacy and Beneficiary Status, Variation of Trusts
Trusts and Estates Equity Trustees' Powers Advancement of Trust Capital Interpretation of Trust Instruments Legitimacy and Beneficiary Status Variation of Trusts

Case Brief

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Parties

Albemarle John Cator

Claimant

James Felton Somers Hervey-Bathurst CBE DL

Claimant

Anthony Henry Westropp

Claimant

Ceawlin Henry Lazlo Thynn, Marquess of Bath

First Defendant

Caroline Jane Miller

Second Defendant

Procedural Posture

Trusts—part 8 Claim / Judgment on Application for Court's Blessing of Proposed Exercise of Power of Advancement

Legal Issues

  1. 1 Whether the trustees have power to exercise advancement for the benefit of the life tenant by conferring a power to add a child born via surrogacy to the class of beneficiaries
  2. 2 Whether the proposed exercise is for the benefit of the life tenant
  3. 3 Whether the exercise is for an improper purpose (fraud on the power)

Ratio Decidendi

The trustees have power to exercise advancement for the benefit of the first defendant by conferring on him a power to add his son Henry to the class of beneficiaries. This is for the first defendant’s benefit, both materially and morally, and is not an improper purpose. The trustees have properly formed their opinion, their decision is rational, and there is no conflict of interest. The court approves the proposed exercise of the power of advancement.

Court Disposition

Application granted; court approves the proposed exercise of the trustees’ power of advancement.

Orders

  • The trustees are at liberty to exercise the power of advancement as proposed.