Richard David Ernest Hopes & Anor. v Kate Burton & Ors.

Richard David Ernest Hopes & Anor. v Kate Burton & Ors.

The trustees made operative mistakes as to the substance and effect of the 2013 and 2014 Appointments, believing they were not altering the interests of certain beneficiaries or triggering adverse tax consequences, when in fact they did. The mistakes were sufficiently serious to make it unconscionable not to set aside the Appointments. The Appointments are therefore set aside.

Parties
Claimant: Richard David Ernest Hopes; Claimant: George Trevor Carney; Defendant: Kate Burton; Defendant: Paul Adam Burton; Defendant: Lindsey Munroe Whillians-Samson; Defendant: Amanda Jane Whillians; Defendant: Sydney Josephine Burton; Defendant: Lewis Joseph Beaven; Defendant: Sam Burton; Defendant: Millicent Jane Whillians Samson; Defendant: Lottie Matilda Whillians Samson
Jurisdiction
England and Wales
Judgment Date
09 November 2022
Procedural Posture
Trusts—part 8 Claim / Judgment After Hearing
Outcome
Appointments set aside
Legal Topics
Rescission for Mistake, Trustee Powers, Inheritance Tax Consequences, Appointment of Trust Property
Trusts Equity Taxation Rescission for Mistake Trustee Powers Inheritance Tax Consequences Appointment of Trust Property

Case Brief

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Parties

Richard David Ernest Hopes

Claimant

George Trevor Carney

Claimant

Kate Burton

Defendant

Paul Adam Burton

Defendant

Lindsey Munroe Whillians-Samson

Defendant

Amanda Jane Whillians

Defendant

Sydney Josephine Burton

Defendant

Lewis Joseph Beaven

Defendant

Sam Burton

Defendant

Millicent Jane Whillians Samson

Defendant

Lottie Matilda Whillians Samson

Defendant

Procedural Posture

Trusts—part 8 Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether the 2013 and 2014 deeds of appointment should be set aside for operative mistake by trustees
  2. 2 Whether the appointments had unintended adverse tax consequences
  3. 3 Whether the appointments exceeded trustee powers or were invalid for uncertainty

Ratio Decidendi

The trustees made operative mistakes as to the substance and effect of the 2013 and 2014 Appointments, believing they were not altering the interests of certain beneficiaries or triggering adverse tax consequences, when in fact they did. The mistakes were sufficiently serious to make it unconscionable not to set aside the Appointments. The Appointments are therefore set aside.

Court Disposition

Appointments set aside

Orders

  • The 2013 and 2014 deeds of appointment are set aside.