Erskine 1948 Trust, Re

Erskine 1948 Trust, Re

The settlement, though defined by statute in 1948, contains no explicit exclusion of adopted children. The discriminatory effect of the statutory definition is now contrary to article 14 of the Human Rights Convention. Given the unique features of the trust and absence of vested interests until Mrs Saich's death, the court construes the settlement to eliminate discrimination and includes adopted nephews as statutory next of kin.

Parties
Claimant: William Stewart Gregg; Claimant: Nigel Humphrey Smith; Defendant: Christopher Richard Erskine Pigott; Defendant: Stephen Robert Erskine Pigott; Defendant: Fiona Margaret Lady Mottram
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Civil / Judgment
Outcome
Declaration granted; trust fund vests in Christopher and Stephen Pigott as statutory next of kin.
Legal Topics
Construction of Trust Instruments, Discrimination Against Adopted Children, Retrospective Application of Human Rights Convention, Statutory Next of Kin, Effect of Adoption on Inheritance
Trusts Succession Human Rights Construction of Trust Instruments Discrimination Against Adopted Children Retrospective Application of Human Rights Convention Statutory Next of Kin Effect of Adoption on Inheritance

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Parties

William Stewart Gregg

Claimant

Nigel Humphrey Smith

Claimant

Christopher Richard Erskine Pigott

Defendant

Stephen Robert Erskine Pigott

Defendant

Fiona Margaret Lady Mottram

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether adopted nephews qualify as 'statutory next of kin' under a 1948 English settlement
  2. 2 Whether the Human Rights Convention affects the construction of the settlement to eliminate discrimination against adopted children

Ratio Decidendi

The settlement, though defined by statute in 1948, contains no explicit exclusion of adopted children. The discriminatory effect of the statutory definition is now contrary to article 14 of the Human Rights Convention. Given the unique features of the trust and absence of vested interests until Mrs Saich's death, the court construes the settlement to eliminate discrimination and includes adopted nephews as statutory next of kin.

Court Disposition

Declaration granted; trust fund vests in Christopher and Stephen Pigott as statutory next of kin.

Orders

  • Trust fund to be distributed to Christopher and Stephen Pigott
  • Representation order as requested