Andrew Frank Pitman Hubbard & Anor v Robert William Pitman Hubbard & Anor

Andrew Frank Pitman Hubbard & Anor v Robert William Pitman Hubbard & Anor

Payments to Mr and Mrs Chart and Mr and Mrs Jull were not loans to the trust, not income received for the trust, and not costs incurred by the trust. The defendants failed to discharge the burden of proving these were proper distributions. Claimants' objections were clear and defendants did not respond with a positive case. The distributions are not deductible from claimants' entitlement.

Parties
Claimant: Andrew Frank Pitman Hubbard; Claimant: Nighat Hubbard; Defendant: Robert William Pitman Hubbard; Defendant: Ann Veronica Hubbard
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Civil / Post Trial Consequential Hearing
Outcome
Claimants' objections upheld; payments to Mr and Mrs Chart and Mr and Mrs Jull are not deductible from claimants' entitlement under the trust.
Legal Topics
Trust Accounting, Distribution of Trust Assets, Beneficiary Objections
Trusts Property Trust Accounting Distribution of Trust Assets Beneficiary Objections

Case Brief

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Parties

Andrew Frank Pitman Hubbard

Claimant

Nighat Hubbard

Claimant

Robert William Pitman Hubbard

Defendant

Ann Veronica Hubbard

Defendant

Procedural Posture

Civil / Post Trial Consequential Hearing

Legal Issues

  1. 1 Whether payments to Mr and Mrs Chart and Mr and Mrs Jull from trust proceeds were proper distributions deductible from beneficiaries' entitlement
  2. 2 Whether claimants are precluded from challenging these payments at the consequential hearing

Ratio Decidendi

Payments to Mr and Mrs Chart and Mr and Mrs Jull were not loans to the trust, not income received for the trust, and not costs incurred by the trust. The defendants failed to discharge the burden of proving these were proper distributions. Claimants' objections were clear and defendants did not respond with a positive case. The distributions are not deductible from claimants' entitlement.

Court Disposition

Claimants' objections upheld; payments to Mr and Mrs Chart and Mr and Mrs Jull are not deductible from claimants' entitlement under the trust.

Orders

  • Payments to Mr and Mrs Chart and Mr and Mrs Jull are not to be treated as proper distributions from trust funds and are not deductible when calculating claimants' entitlement under the trust.