Ridgwell & Ors v Ridgwell & Ors [2007] EWHC 2666 (Ch) (14 November 2007)

Ridgwell & Ors v Ridgwell & Ors [2007] EWHC 2666 (Ch) (14 November 2007)

The proposed variation is an arrangement within the meaning of the Act and, by enabling inheritance tax and capital gains tax savings, providing greater flexibility for advancements, and allowing for cheaper insurance, is for the benefit of the children and unborn children, notwithstanding the postponement of their...

Source-derived case information.

Citation
[2007] EWHC 2666 (Ch)
Parties
Claimant: Anthony Patrick Ridgwell; Claimant: Patrick George Ridgwell; Claimant: Jacqueline Anne Ridgwell; Defendant: Emily May Ridgwell; Defendant: Tom George Ridgwell; Defendant: Jack Eric Ridgwell
Jurisdiction
England and Wales
Judgment Date
14 November 2007
Procedural Posture
Variation of Trusts Act Application / Judgment on Application for Approval of Trust Variation
Outcome
Application approved
Legal Topics
Variation of Trusts, Inheritance Tax, Capital Gains Tax, Trustee Powers
Trusts and Estates Taxation Variation of Trusts Inheritance Tax Capital Gains Tax Trustee Powers

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Parties

Anthony Patrick Ridgwell

Claimant

Patrick George Ridgwell

Claimant

Jacqueline Anne Ridgwell

Claimant

Emily May Ridgwell

Defendant

Tom George Ridgwell

Defendant

Jack Eric Ridgwell

Defendant

Procedural Posture

Variation of Trusts Act Application / Judgment on Application for Approval of Trust Variation

Legal Issues

  1. 1 Whether the proposed variation of the RGST trust is an arrangement within the meaning of the Variation of Trusts Act 1958
  2. 2 Whether the proposed variation is for the benefit of the children and unborn children of Anthony Ridgwell

Ratio Decidendi

The proposed variation is an arrangement within the meaning of the Act and, by enabling inheritance tax and capital gains tax savings, providing greater flexibility for advancements, and allowing for cheaper insurance, is for the benefit of the children and unborn children, notwithstanding the postponement of their interests.

Court Disposition

Application approved

Orders

  • The proposed variation of the RGST trust is approved on behalf of the children and unborn children.