ET v JP & Ors

ET v JP & Ors

Section 1(3) of the Variation of Trusts Act 1958 does not require referral to the Court of Protection for minor beneficiaries, even if they lack capacity due to mental impairment; the High Court retains jurisdiction to determine benefit for minors.

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
Trust Variation Application / Judgment on Statutory Interpretation and Approval
Outcome
Application granted
Legal Topics
Variation of Trusts Act 1958, Court of Protection Jurisdiction, Minor Beneficiaries, Mental Capacity Act 2005
Trusts Mental Capacity Variation of Trusts Act 1958 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

Trust Variation Application / Judgment on Statutory Interpretation and Approval

Legal Issues

  1. 1 Does section 1(3) of the Variation of Trusts Act 1958 require referral to the Court of Protection for minor beneficiaries with mental incapacity?
  2. 2 Is a minor beneficiary with mental impairment within section 1(3) of the 1958 Act?

Ratio Decidendi

Section 1(3) of the Variation of Trusts Act 1958 does not require referral to the Court of Protection for minor beneficiaries, even if they lack capacity due to mental impairment; the High Court retains jurisdiction to determine benefit for minors.

Court Disposition

Application granted

Orders

  • Approval of the proposed variation of the trust for all relevant beneficiaries, including minors and unborn/unascertained persons