Bathurst & Anor v Bathurst & Ors (Rev 1)

Bathurst & Anor v Bathurst & Ors (Rev 1)

The court preferred the arrangement vesting the power to appoint new trustees in the principal beneficiary with trustee consent, finding no convincing reason to prefer the alternative and being satisfied the arrangement benefits minor and unborn beneficiaries.

Parties
Claimants: Bathurst and another; Defendants: Bathurst and others
Jurisdiction
England and Wales
Judgment Date
25 November 2016
Procedural Posture
Variation of Trusts Application / Judgment on Application for Approval of Scheme of Arrangement
Outcome
Application granted
Legal Topics
Variation of Trusts, Appointment of Trustees, Fiduciary Duties
Trusts and Estates Variation of Trusts Appointment of Trustees Fiduciary Duties

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Parties

Bathurst and another

Claimants

Bathurst and others

Defendants

Procedural Posture

Variation of Trusts Application / Judgment on Application for Approval of Scheme of Arrangement

Legal Issues

  1. 1 Whether the power to appoint new trustees should be vested in the principal beneficiary with trustee consent or remain with the trustees subject to beneficiary veto
  2. 2 Whether the proposed arrangement is for the benefit of minor and unborn beneficiaries

Ratio Decidendi

The court preferred the arrangement vesting the power to appoint new trustees in the principal beneficiary with trustee consent, finding no convincing reason to prefer the alternative and being satisfied the arrangement benefits minor and unborn beneficiaries.

Court Disposition

Application granted

Orders

  • Arrangement approved as being for the benefit of minor and unborn beneficiaries
  • Power to appoint new trustees vested in the principal beneficiary with trustee consent