CD (a minor) v O

CD (a minor) v O

The court has jurisdiction under the Variation of Trusts Act 1958 to approve a variation of the trusts applying to C’s Fund so as to permit the whole capital, not just half, to be applied for her benefit under section 32 of the Trustee Act 1925, as this is for her benefit and the fund is property held on trusts arising under a disposition.

Parties
Claimant: CD (a minor); Defendant: O
Jurisdiction
England and Wales
Judgment Date
07 May 2004
Procedural Posture
Trusts Application Under Variation of Trusts Act 1958 / Judgment on Application Without Hearing
Outcome
Application granted
Legal Topics
Variation of Trusts, Trustee Powers, Advancement of Capital, Minor Beneficiaries
Trusts Equity Family Law Variation of Trusts Trustee Powers Advancement of Capital Minor Beneficiaries

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Parties

CD (a minor)

Claimant

O

Defendant

Procedural Posture

Trusts Application Under Variation of Trusts Act 1958 / Judgment on Application Without Hearing

Legal Issues

  1. 1 Whether the court can authorise application of the whole capital of a minor's trust fund for her benefit, overriding the statutory limit in section 32 of the Trustee Act 1925
  2. 2 Whether the Variation of Trusts Act 1958 applies to a bare trust for a minor

Ratio Decidendi

The court has jurisdiction under the Variation of Trusts Act 1958 to approve a variation of the trusts applying to C’s Fund so as to permit the whole capital, not just half, to be applied for her benefit under section 32 of the Trustee Act 1925, as this is for her benefit and the fund is property held on trusts arising under a disposition.

Court Disposition

Application granted

Orders

  • Variation of the trusts applying to C’s Fund approved to permit the powers under section 32 of the Trustee Act 1925 to be exercised in relation to the whole fund, not only half.