Benjimen Jennings & Anor v Graham Appleby

Benjimen Jennings & Anor v Graham Appleby

A trust that is valid and workable at its creation does not become void or voidable for administrative unworkability arising subsequently; it is for the trustees to take action if the trust becomes unworkable, and the court will not retrospectively invalidate the trust for this reason.

Parties
Claimant: Benjimen Jennings; Claimant: Kenneth White; Defendant: Graham Appleby
Jurisdiction
England and Wales
Judgment Date
19 May 2026
Procedural Posture
Trusts Application for Court Blessing of Trustees' Decision / Judgment Following Application for Approval of Trustees' Decision and Determination of Legal Issue on Administrative Unworkability
Outcome
Application granted; court approves trustees' decision and holds trust not void for administrative unworkability.
Legal Topics
Administrative Unworkability, Certainty of Objects, Discretionary Trusts, Trustee Powers, Termination of Trusts
Trusts Equity Administrative Unworkability Certainty of Objects Discretionary Trusts Trustee Powers Termination of Trusts

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Parties

Benjimen Jennings

Claimant

Kenneth White

Claimant

Graham Appleby

Defendant

Procedural Posture

Trusts Application for Court Blessing of Trustees' Decision / Judgment Following Application for Approval of Trustees' Decision and Determination of Legal Issue on Administrative Unworkability

Legal Issues

  1. 1 Whether a trust can become void or voidable for supervening administrative unworkability after its creation
  2. 2 Whether the Lloyd Trust had become administratively unworkable due to the size and nature of the beneficiary class

Ratio Decidendi

A trust that is valid and workable at its creation does not become void or voidable for administrative unworkability arising subsequently; it is for the trustees to take action if the trust becomes unworkable, and the court will not retrospectively invalidate the trust for this reason.

Court Disposition

Application granted; court approves trustees' decision and holds trust not void for administrative unworkability.

Orders

  • Court approves the trustees' decision to terminate the Lloyd Trust and appoint the assets to Fulston Manor Academies Trust.
  • No declaration that the trust is void for administrative unworkability.