Howell & Ors v Lees-Millais & Ors

Howell & Ors v Lees-Millais & Ors

The power of appointment given to the trustees by clause 2 of the 1977 Appointment is exercisable throughout the Trust Period, notwithstanding the attainment by Alexander Newall of the age of 25 years and the vesting of the gift in default of appointment. The use of the word 'absolutely' does not render the gift indefeasible in the context of the instrument as a whole.

Parties
Claimant: Paul Jonathan Howell; Claimant: Alison Ruth Robinson; Claimant: John Neal Thompson; Defendant: Marcus Lees-Millais; Defendant: Lorna Milne Joicey; Defendant: Fiona Astrid Lees-Millais; Defendant: Hector Forwood; Defendant: Lucinda Loraine Newall; Defendant: Alexander Newall
Jurisdiction
England and Wales
Judgment Date
17 July 2009
Procedural Posture
Civil / Judgment
Outcome
declaration granted in terms of paragraph 1(b) of the Claim Form
Legal Topics
Construction of Trust Instruments, Powers of Appointment, Vesting of Interests, Defeasibility of Gifts
Trusts Property Construction of Trust Instruments Powers of Appointment Vesting of Interests Defeasibility of Gifts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Paul Jonathan Howell

Claimant

Alison Ruth Robinson

Claimant

John Neal Thompson

Claimant

Marcus Lees-Millais

Defendant

Lorna Milne Joicey

Defendant

Fiona Astrid Lees-Millais

Defendant

Hector Forwood

Defendant

Lucinda Loraine Newall

Defendant

Alexander Newall

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the trustees' power of appointment under the 1968 Settlement is exercisable after a gift vests upon a beneficiary attaining a specified age
  2. 2 Whether the use of the word 'absolutely' in the gift renders it indefeasible after vesting

Ratio Decidendi

The power of appointment given to the trustees by clause 2 of the 1977 Appointment is exercisable throughout the Trust Period, notwithstanding the attainment by Alexander Newall of the age of 25 years and the vesting of the gift in default of appointment. The use of the word 'absolutely' does not render the gift indefeasible in the context of the instrument as a whole.

Court Disposition

declaration granted in terms of paragraph 1(b) of the Claim Form

Orders

  • The power of appointment is exercisable for the time being throughout the Trust Period, notwithstanding vesting.
  • Representation orders made as sought by Miss Newman.