Susan Mary Harvey & Anor v Pamela Van Hoorn

Susan Mary Harvey & Anor v Pamela Van Hoorn

The court held that the object of a mere (fiduciary) power has a bundle of rights which may properly be designated an 'interest' under the trusts for the purposes of section 1 of the Variation of Trusts Act 1958, and therefore the court had jurisdiction to approve the arrangement on behalf of minor objects of the...

Source-derived case information.

Parties
Claimant: Susan Mary Harvey; Claimant: Damon Maxwell Harvey; Defendant: Pamela Van Hoorn
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Trusts (variation of Trusts Act 1958) / Judgment After Hearing of CPR Part 8 Claim
Outcome
Arrangement approved; court has jurisdiction under the 1958 Act.
Legal Topics
Variation of Trusts, Fiduciary Powers, Interests Under Trusts, Jurisdiction Under Variation of Trusts Act 1958
Trust Law Equity Variation of Trusts Fiduciary Powers Interests Under Trusts Jurisdiction Under Variation of Trusts Act 1958

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Parties

Susan Mary Harvey

Claimant

Damon Maxwell Harvey

Claimant

Pamela Van Hoorn

Defendant

Procedural Posture

Civil Trusts (variation of Trusts Act 1958) / Judgment After Hearing of CPR Part 8 Claim

Legal Issues

  1. 1 Whether minor objects of a mere fiduciary power of appointment have an 'interest under the trusts' within section 1(1)(a) of the Variation of Trusts Act 1958, enabling the court to approve an arrangement on their behalf.

Ratio Decidendi

The court held that the object of a mere (fiduciary) power has a bundle of rights which may properly be designated an 'interest' under the trusts for the purposes of section 1 of the Variation of Trusts Act 1958, and therefore the court had jurisdiction to approve the arrangement on behalf of minor objects of the power.

Court Disposition

Arrangement approved; court has jurisdiction under the 1958 Act.

Orders

  • Arrangement under the Variation of Trusts Act 1958 approved on behalf of minors and unborns.
  • No order on the alternative question.