C v C & Ors [2015] EWHC 2699 (Ch) (19 May 2015)

C v C & Ors [2015] EWHC 2699 (Ch) (19 May 2015)

The English court has jurisdiction under the Variation of Trusts Act 1958 to vary the trusts of the 1950 settlement governed by Kenyan law because Kenyan law provides a comparable power to vary trusts, and the proposed variations and compromise are for the benefit of the relevant beneficiaries. The arrangement does not constitute a resettlement of trust property. It is appropriate for the court to exercise jurisdiction in this case given the close connection between the settlements and the impracticality of separate Kenyan proceedings.

Citation
[2015] EWHC 2699 (Ch)
Parties
Claimant: C; First Defendant: C; Second Defendant: C; Third Defendant: C; Fourth Defendant: C; Fifth Defendant: C; Sixth Defendant: C
Jurisdiction
England and Wales
Judgment Date
19 May 2015
Procedural Posture
Variation of Trusts Act 1958 Application / Substantive Hearing and Judgment
Outcome
Application granted
Legal Topics
Variation of Trusts, Jurisdiction of English Courts Over Foreign Trusts, Recognition of Foreign Law in Trust Variation, Hague Trusts Convention, Conflict of Laws
Trusts and Estates Private International Law Variation of Trusts Jurisdiction of English Courts Over Foreign Trusts Recognition of Foreign Law in Trust Variation Hague Trusts Convention Conflict of Laws

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Parties

C

Claimant

C

First Defendant

C

Second Defendant

C

Third Defendant

C

Fourth Defendant

C

Fifth Defendant

C

Sixth Defendant

Procedural Posture

Variation of Trusts Act 1958 Application / Substantive Hearing and Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction under the Variation of Trusts Act 1958 to vary the trusts of a settlement governed by Kenyan law
  2. 2 Whether the proposed variations and compromise are for the benefit of minor, unborn, and unascertained beneficiaries
  3. 3 Whether the arrangement constitutes a resettlement of trust property

Ratio Decidendi

The English court has jurisdiction under the Variation of Trusts Act 1958 to vary the trusts of the 1950 settlement governed by Kenyan law because Kenyan law provides a comparable power to vary trusts, and the proposed variations and compromise are for the benefit of the relevant beneficiaries. The arrangement does not constitute a resettlement of trust property. It is appropriate for the court to exercise jurisdiction in this case given the close connection between the settlements and the impracticality of separate Kenyan proceedings.

Court Disposition

Application granted

Orders

  • The terms of the compromise and proposed variations are approved on behalf of the minor, unborn, and unascertained beneficiaries.
  • The compromise and variations are binding on those beneficiaries.