Breakspear & Ors v Ackland & Anor [2008] EWHC 220 (Ch) (19 February 2008)

Breakspear & Ors v Ackland & Anor [2008] EWHC 220 (Ch) (19 February 2008)

Disclosure of settlor's wish letter and oral statements is not an entitlement as of right for beneficiaries; the Londonderry principle of confidentiality in trustee deliberations remains binding in England. Disclosure is a matter for court discretion, balancing confidentiality and beneficiary interests. In this case, the claimants have not established sufficient grounds to override confidentiality and require disclosure.

Citation
[2008] EWHC 220 (Ch)
Parties
Claimant: Manuela Breakspear; Claimant: Penelope May White; Claimant: Mark Dunning; Defendant: Robert Charles Ackland; Defendant: Patricia Ann Dunning
Jurisdiction
England and Wales
Judgment Date
19 February 2008
Procedural Posture
Part 8 Claim / Judgment
Outcome
Claim for disclosure of wish letter and oral statements dismissed; claim to set aside March 1995 appointments dismissed.
Legal Topics
Disclosure of Trust Documents, Confidentiality of Letters of Wishes, Trustee Accountability, Discretionary Trusts
Trusts Equity Disclosure of Trust Documents Confidentiality of Letters of Wishes Trustee Accountability Discretionary Trusts

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Parties

Manuela Breakspear

Claimant

Penelope May White

Claimant

Mark Dunning

Claimant

Robert Charles Ackland

Defendant

Patricia Ann Dunning

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether beneficiaries are entitled to disclosure of settlor's wish letter and oral statements of wishes
  2. 2 Whether the addition of Patricia Ann Dunning as beneficiary and appointment of income to her should be set aside

Ratio Decidendi

Disclosure of settlor's wish letter and oral statements is not an entitlement as of right for beneficiaries; the Londonderry principle of confidentiality in trustee deliberations remains binding in England. Disclosure is a matter for court discretion, balancing confidentiality and beneficiary interests. In this case, the claimants have not established sufficient grounds to override confidentiality and require disclosure.

Court Disposition

Claim for disclosure of wish letter and oral statements dismissed; claim to set aside March 1995 appointments dismissed.

Orders

  • No order for disclosure of Basil's wish letter or oral statements of wishes.
  • No order setting aside the addition of Patricia Ann Dunning as beneficiary or the appointment of income to her.