Womble Bond Dickinson (Trust Corporation) Ltd & Ors v Glenn & Ors

Womble Bond Dickinson (Trust Corporation) Ltd & Ors v Glenn & Ors

The interests of the unborn beneficiaries are not 'prior life or other interests' under section 32 Trustee Act 1925; trustees may exercise the power of advancement without their consent. The court approves the trustees' proposed exercise as momentous and beneficial to the beneficiaries.

Parties
Claimant: Womble Bond Dickinson (Trust Corporation) Limited; Claimant: Sir Charles John Patrick Lawson; Claimant: Miranda Lowther; Claimant: Patrick Hugh Peter de Pelet; Claimant: Esme Charles Harlowe Lowe; Claimant: Neil Elliott Braithwaite; Claimant: The Honourable James Nicholas Lowther; Claimant: Charles Andrew Huntington-Whiteley; Defendant: Sarah Glenn; Defendant: George Stephen Hunt; Defendant: Tess Lawson; Defendant: Jack William Treymayne Lawson; Defendant: Thomas Charles Lancelot Lawson; Defendant: Ralph Hugh Arthur Lawson; Defendant: Matilda Grace Lowther; Defendant: Ishbel Lowther; Defendant: James William Lancelot Lawson; Defendant: Flynn Lowther; Defendant: Richard Pike
Jurisdiction
England and Wales
Judgment Date
24 March 2021
Procedural Posture
Originating Summons / Judgment
Outcome
application granted
Legal Topics
Power of Advancement, Construction of Trust Deed, Beneficiary Rights, Public Trustee V Cooper Jurisdiction
Trusts Equity Private Client Power of Advancement Construction of Trust Deed Beneficiary Rights Public Trustee V Cooper Jurisdiction

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Parties

Womble Bond Dickinson (Trust Corporation) Limited

Claimant

Sir Charles John Patrick Lawson

Claimant

Miranda Lowther

Claimant

Patrick Hugh Peter de Pelet

Claimant

Esme Charles Harlowe Lowe

Claimant

Neil Elliott Braithwaite

Claimant

The Honourable James Nicholas Lowther

Claimant

Charles Andrew Huntington-Whiteley

Claimant

Sarah Glenn

Defendant

George Stephen Hunt

Defendant

Tess Lawson

Defendant

Jack William Treymayne Lawson

Defendant

Thomas Charles Lancelot Lawson

Defendant

Ralph Hugh Arthur Lawson

Defendant

Matilda Grace Lowther

Defendant

Ishbel Lowther

Defendant

James William Lancelot Lawson

Defendant

Flynn Lowther

Defendant

Richard Pike

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether trustees can exercise power of advancement without consent of unborn beneficiaries
  2. 2 Whether interests of unborn beneficiaries are 'prior interests' under section 32 Trustee Act 1925
  3. 3 Whether court can dispense with consent requirement

Ratio Decidendi

The interests of the unborn beneficiaries are not 'prior life or other interests' under section 32 Trustee Act 1925; trustees may exercise the power of advancement without their consent. The court approves the trustees' proposed exercise as momentous and beneficial to the beneficiaries.

Court Disposition

application granted

Orders

  • Trustees may exercise power of advancement under section 32 Trustee Act 1925 as varied by the Trust Deed without consent of unborn beneficiaries.
  • Court approves the proposed exercise of the power as momentous and beneficial to the beneficiaries.