PQ & Anor v RS & Ors (Rev 1) [2019] EWHC 1643 (Ch) (04 July 2019)

PQ & Anor v RS & Ors (Rev 1) [2019] EWHC 1643 (Ch) (04 July 2019)

Trustees have power under clause 8(2)(i) of the 1987 Appointment to revoke existing trusts and create new discretionary trusts for the benefit of RS and TU, including all their children regardless of legitimacy, and the proposed appointment is a proper exercise of that power.

Citation
[2019] EWHC 1643 (Ch)
Parties
Claimants: PQ and another; Defendant: RS; Defendant: W; Defendant: X; Defendant: V
Jurisdiction
England and Wales
Judgment Date
04 July 2019
Procedural Posture
Trust Dispute / Judgment on Trustees' Application for Approval of Appointment
Outcome
Trustees' application approved; power to appoint confirmed; proposed appointment sanctioned.
Legal Topics
Construction of Trust Instruments, Legitimacy and Beneficiary Status, Trustee Powers, Confidentiality Orders
Trusts Family Law Property Law Construction of Trust Instruments Legitimacy and Beneficiary Status Trustee Powers Confidentiality Orders

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Parties

PQ and another

Claimants

RS

Defendant

W

Defendant

X

Defendant

V

Defendant

Procedural Posture

Trust Dispute / Judgment on Trustees' Application for Approval of Appointment

Legal Issues

  1. 1 Whether trustees have power to appoint new trusts including illegitimate children as beneficiaries
  2. 2 Whether proposed appointment is a proper exercise of trustee powers
  3. 3 Whether confidentiality/anonymity order is justified

Ratio Decidendi

Trustees have power under clause 8(2)(i) of the 1987 Appointment to revoke existing trusts and create new discretionary trusts for the benefit of RS and TU, including all their children regardless of legitimacy, and the proposed appointment is a proper exercise of that power.

Court Disposition

Trustees' application approved; power to appoint confirmed; proposed appointment sanctioned.

Orders

  • Trustees authorised to execute Deed of Appointment creating new discretionary trusts for children and remoter issue (whether legitimate, illegitimate, legitimated or adopted) of RS and TU.
  • Anonymity and confidentiality order continued to protect children's identities and financial information.