Millar & Anor v Millar & Ors [2018] EWHC 1926 (Ch) (25 July 2018)

Millar & Anor v Millar & Ors [2018] EWHC 1926 (Ch) (25 July 2018)

Clause 13 of the trust deed is of no effect and must be disregarded, as it contradicts the settlors' reserved interests under clauses 4.2 and 5; the deed must be construed to give effect to the settlors' intention to benefit themselves and their spouses.

Citation
[2018] EWHC 1926 (Ch)
Parties
Claimant: Christina Mary Millar; Claimant: Sarah Bridget Pearson; Defendant: Robert John Millar; Defendant: Andrew Jon Millar; Defendant: Benjamin Jay Millar; Defendant: Samuel James Millar; Defendant: Her Majesty's Attorney General
Jurisdiction
England and Wales
Judgment Date
25 July 2018
Procedural Posture
Part 8 Claim (cpr) / Judgment on Papers, Post Issue, No Hearing
Outcome
Claim granted
Legal Topics
Construction of Trust Deed, Rectification of Trust Deed, Beneficiary Rights, Contradictory Trust Provisions
Trusts Equity Property Law Construction of Trust Deed Rectification of Trust Deed Beneficiary Rights Contradictory Trust Provisions

Case Brief

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Parties

Christina Mary Millar

Claimant

Sarah Bridget Pearson

Claimant

Robert John Millar

Defendant

Andrew Jon Millar

Defendant

Benjamin Jay Millar

Defendant

Samuel James Millar

Defendant

Her Majesty's Attorney General

Defendant

Procedural Posture

Part 8 Claim (cpr) / Judgment on Papers, Post Issue, No Hearing

Legal Issues

  1. 1 Whether clause 13 of the trust deed is effective to bar settlors and their spouses from benefiting under the trust
  2. 2 Whether the trust deed should be rectified to delete clause 13

Ratio Decidendi

Clause 13 of the trust deed is of no effect and must be disregarded, as it contradicts the settlors' reserved interests under clauses 4.2 and 5; the deed must be construed to give effect to the settlors' intention to benefit themselves and their spouses.

Court Disposition

Claim granted

Orders

  • Declaration that clause 13 of the trust deed is of no effect
  • Clauses 4.2 and 5 have full effect in favour of the claimants