P v P

P v P

The judge's order was justified by the wife's housing needs, which could not be met from her own resources. The variation of the trust was the least intrusive available, respected the settlor's intentions, and did not improperly deprive third parties or pressure them. The appeal failed because the exercise of discretion was not flawed and the order was fair and necessary to provide for the wife and child.

Parties
Appellant: P; Respondent: P
Jurisdiction
England and Wales
Judgment Date
06 May 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Variation of Post Nuptial Settlements, Ancillary Relief, Discretionary Trusts, Housing Needs, Interests of Beneficiaries
Family Law Trusts and Estates Variation of Post Nuptial Settlements Ancillary Relief Discretionary Trusts Housing Needs Interests of Beneficiaries

Case Brief

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Parties

P

Appellant

P

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the variation of the post-nuptial settlement exceeded the proper ambit of judicial discretion
  2. 2 Whether the judge failed to balance the relevant factors including settlor's intention, needs of beneficiaries, and wife's resources
  3. 3 Whether the order improperly pressured third parties to satisfy the judgment

Ratio Decidendi

The judge's order was justified by the wife's housing needs, which could not be met from her own resources. The variation of the trust was the least intrusive available, respected the settlor's intentions, and did not improperly deprive third parties or pressure them. The appeal failed because the exercise of discretion was not flawed and the order was fair and necessary to provide for the wife and child.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The original order of Mostyn J varying the trust stands.