CD (a minor) v O [2004] EWHC 1036 (Ch) (07 May 2004)

CD (a minor) v O [2004] EWHC 1036 (Ch) (07 May 2004)

The court has jurisdiction under the Variation of Trusts Act 1958 to approve a variation of the trust to permit the whole of the minor's fund to be advanced for her benefit, as the fund is property held on trusts arising under a settlement and the variation is for the minor's benefit.

Citation
[2004] EWHC 1036 (Ch)
Parties
Claimant: CD (a minor); Defendant: O
Jurisdiction
England and Wales
Judgment Date
07 May 2004
Procedural Posture
Chancery Application (trusts) / Judgment on Written Application Without Hearing
Outcome
Application granted
Legal Topics
Variation of Trusts, Statutory Power of Advancement, Trustee Act 1925, Variation of Trusts Act 1958, Maintenance and Advancement of Minors
Trusts and Estates Equity Variation of Trusts Statutory Power of Advancement Trustee Act 1925 Variation of Trusts Act 1958 Maintenance and Advancement of Minors

Case Brief

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Parties

CD (a minor)

Claimant

O

Defendant

Procedural Posture

Chancery Application (trusts) / Judgment on Written Application Without Hearing

Legal Issues

  1. 1 Whether the statutory limit on advancement of capital under section 32 of the Trustee Act 1925 can be lifted for the benefit of a minor absolutely entitled to a trust fund
  2. 2 Whether the court has jurisdiction to vary the trust to permit full advancement of capital under the Variation of Trusts Act 1958

Ratio Decidendi

The court has jurisdiction under the Variation of Trusts Act 1958 to approve a variation of the trust to permit the whole of the minor's fund to be advanced for her benefit, as the fund is property held on trusts arising under a settlement and the variation is for the minor's benefit.

Court Disposition

Application granted

Orders

  • Variation of the trusts applying to C's Fund approved to permit the whole fund to be advanced for her benefit under section 32 of the Trustee Act 1925.