ET v JP & Ors [2018] EWHC 685 (Ch) (28 March 2018)

ET v JP & Ors [2018] EWHC 685 (Ch) (28 March 2018)

Section 1(3) of the Variation of Trusts Act 1958 does not require referral to the Court of Protection where a minor beneficiary's incapacity to assent arises solely from infancy, even if mental impairment is present; the High Court retains jurisdiction to determine benefit for minor beneficiaries.

Citation
[2018] EWHC 685 (Ch)
Parties
Claimant: E. T.; Defendants: J. P. and Others; Interested Parties: Minor Beneficiaries; Interested Parties: Trustees
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Variation of Trusts Act Application / Judgment on Preliminary Legal Issue
Outcome
Application granted
Legal Topics
Variation of Trusts, Court of Protection Jurisdiction, Minor Beneficiaries, Mental Capacity Act 2005
Trusts and Estates Mental Capacity Variation of Trusts Court of Protection Jurisdiction Minor Beneficiaries Mental Capacity Act 2005

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Parties

E. T.

Claimant

J. P. and Others

Defendants

Minor Beneficiaries

Interested Parties

Trustees

Interested Parties

Procedural Posture

Variation of Trusts Act Application / Judgment on Preliminary Legal Issue

Legal Issues

  1. 1 Does section 1(3) of the Variation of Trusts Act 1958 require the question of benefit for a minor beneficiary with mental incapacity to be determined by the Court of Protection rather than the High Court?

Ratio Decidendi

Section 1(3) of the Variation of Trusts Act 1958 does not require referral to the Court of Protection where a minor beneficiary's incapacity to assent arises solely from infancy, even if mental impairment is present; the High Court retains jurisdiction to determine benefit for minor beneficiaries.

Court Disposition

Application granted

Orders

  • Court approves the proposed variation of the trust for all persons on whose behalf approval was required
  • No referral to the Court of Protection necessary for minor beneficiary X