Jennings & Anor v Appleby [2026] EWHC 1161 (Ch) (19 May 2026)

A trust's validity for administrative workability is determined at its creation; subsequent growth in the class of beneficiaries does not render it void or voidable. Trustees are responsible for taking steps to ensure the trust property is administered for a workable class, including exercising powers to terminate and distribute assets.

Citation: [2026] EWHC 1161 (Ch)
Parties: Claimant: Benjimen Jennings; Claimant: Kenneth White; Defendant: Graham Appleby
Jurisdiction: England and Wales
Judgment Date: 19 May 2026
Procedural Posture: Trust Administration / Judgment
Outcome: claim approved
Legal Topics: Administrative Unworkability, Certainty of Objects, Termination of Trust, Distribution of Trust Assets

Trusts Property Law Administrative Unworkability Certainty of Objects Termination of Trust Distribution of Trust Assets

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 1

Parties

Benjimen Jennings

Claimant

Kenneth White

Claimant

Graham Appleby

Defendant

Procedural Posture

Trust Administration / Judgment

Legal Issues

1 Whether the Lloyd Trust became void or voidable for administrative unworkability after its creation
2 Whether trustees can validly exercise powers to terminate and distribute trust assets when the class of beneficiaries has become excessively large

Ratio Decidendi

Court Disposition

claim approved

Orders

Court approves trustees' decision to terminate the Lloyd Trust and appoint assets to Fulston Manor Academies Trust.
Order already made giving effect to approval.