Bathurst & Anor v Bathurst & Ors (Rev 1) [2016] EWHC 3033 (Ch) (25 November 2016)

The arrangement vesting the power to appoint new trustees in the principal beneficiary (with trustee consent) is not a radical departure from the settlor's original structure, is at least as suitable as the alternative, and is for the benefit of the minor and unborn beneficiaries. The objections of the fourth trustee do not outweigh the overall benefit of the scheme.

Citation: [2016] EWHC 3033 (Ch)
Parties: Claimants: Bathurst and another; Defendants: Bathurst and others
Jurisdiction: England and Wales
Judgment Date: 25 November 2016
Procedural Posture: Variation of Trusts Act 1958 Application / Judgment on Approval of Scheme of Arrangement
Outcome: Arrangement approved
Legal Topics: Variation of Trusts, Appointment of Trustees, Fiduciary Powers

Trusts and Estates Variation of Trusts Appointment of Trustees Fiduciary Powers

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Parties

Bathurst and another

Claimants

Bathurst and others

Defendants

Procedural Posture

Variation of Trusts Act 1958 Application / Judgment on Approval of Scheme of Arrangement

Legal Issues

1 Whether the power to appoint new trustees should be vested in the principal beneficiary (with trustee consent) or in the trustees (with principal beneficiary veto) under the proposed scheme of arrangement

Ratio Decidendi

Court Disposition

Arrangement approved

Orders

Order approving the scheme of arrangement under the Variation of Trusts Act 1958 as being for the benefit of minor and unborn beneficiaries.