Breakspear & Ors v Ackland & Anor

Breakspear & Ors v Ackland & Anor

Wish letters in family discretionary trusts are generally confidential under the Londonderry principle and need not be disclosed to beneficiaries unless the trustees or the court, in their discretion, determine disclosure is in the interests of the beneficiaries or the sound administration of the trust. In this case, disclosure is ordered because the trustees intend to seek the court's sanction for a final distribution, at which point disclosure would be inevitable. The March 1995 appointments are not voidable for self-dealing because paragraph 9 of the Settlement validly disapplies the self-dealing rule to these transactions.

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 (trusts) / Judgment After Trial
Outcome
Disclosure of wish letter and oral statements ordered; claim to set aside March 1995 appointments dismissed.
Legal Topics
Disclosure of Trust Documents, Confidentiality of Wish Letters, Self Dealing Rule, Rectification of Trust Deeds
Trusts and Equity Disclosure of Trust Documents Confidentiality of Wish Letters Self Dealing Rule Rectification of Trust Deeds

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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 (trusts) / Judgment After Trial

Legal Issues

  1. 1 Are wish letters disclosable to beneficiaries under English trust law?
  2. 2 Do wish letters fall within the Londonderry principle of confidentiality?
  3. 3 Were the March 1995 appointments voidable for breach of the self-dealing rule?

Ratio Decidendi

Wish letters in family discretionary trusts are generally confidential under the Londonderry principle and need not be disclosed to beneficiaries unless the trustees or the court, in their discretion, determine disclosure is in the interests of the beneficiaries or the sound administration of the trust. In this case, disclosure is ordered because the trustees intend to seek the court's sanction for a final distribution, at which point disclosure would be inevitable. The March 1995 appointments are not voidable for self-dealing because paragraph 9 of the Settlement validly disapplies the self-dealing rule to these transactions.

Court Disposition

Disclosure of wish letter and oral statements ordered; claim to set aside March 1995 appointments dismissed.

Orders

  • Trustees to disclose the March 1995 wish letter and oral statements of wishes to the claimants.
  • Claim to set aside the March 1995 appointments is dismissed.