Southgate & Anor v Sutton & Ors

The court has jurisdiction under s.57(1) Trustee Act 1925 to confer powers of appropriation and partition where the impact on beneficial interests is incidental and the transaction is expedient for trust administration; the restructured advancement proposal is a valid exercise of the power under s.32.

Parties: Appellant: Christopher Southgate; Respondent: Peter Sutton
Jurisdiction: England and Wales
Judgment Date: 26 May 2011
Procedural Posture: Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome: Appeal allowed
Legal Topics: Trustee Powers, Appropriation and Partition of Trust Property, Power of Advancement, Variation of Trusts, Jurisdiction Under Trustee Act 1925 S.57 and S.32

Trust Law Equity Trustee Powers Appropriation and Partition of Trust Property Power of Advancement Variation of Trusts Jurisdiction Under Trustee Act 1925 S.57 and S.32

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Parties

Christopher Southgate

Appellant

Peter Sutton

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

1 Whether the court has jurisdiction under s.57(1) Trustee Act 1925 to confer powers of appropriation and partition where the effect on beneficial interests is incidental
2 Whether the proposed advancement by way of re-settlement is within the scope of s.32 Trustee Act 1925

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order granting trustees powers of appropriation and partition under s.57(1) Trustee Act 1925
Order approving restructured advancement under s.32 Trustee Act 1925 as set out in the draft resolution