PQ & Anor v RS & Ors (Rev 1)

PQ & Anor v RS & Ors (Rev 1)

The trustees have the power under clause 8(2)(i) of the 1987 Appointment to revoke the existing trusts and create new trusts for the benefit of RS and TU, including their children whether legitimate or not. The proposed appointment is a proper exercise of that power as it objectively benefits RS and TU by ensuring all their children can benefit and by preventing early vesting of capital. The appointment is not an impermissible delegation of discretion. Confidentiality orders are justified to protect the children from adverse consequences.

Parties
Claimants: PQ and another; Defendants: RS and others; Defendant: W; Defendant: X
Jurisdiction
England and Wales
Judgment Date
04 July 2019
Procedural Posture
Trusts/probate / Judgment on Trustees' Application for Directions and Blessing of Proposed Appointment
Outcome
Application granted
Legal Topics
Construction of Trust Instruments, Legitimacy and Succession, Trustee Powers, Confidentiality in Trust Proceedings
Trusts Family Law Equity Construction of Trust Instruments Legitimacy and Succession Trustee Powers Confidentiality in Trust Proceedings

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Parties

PQ and another

Claimants

RS and others

Defendants

W

Defendant

X

Defendant

Procedural Posture

Trusts/probate / Judgment on Trustees' Application for Directions and Blessing of Proposed Appointment

Legal Issues

  1. 1 Whether the trustees have power to execute the proposed appointment under the trust
  2. 2 Whether the appointment is a proper exercise of the power for the benefit of the relevant beneficiaries
  3. 3 Whether the appointment can validly include a child born before the marriage of her parents (V)

Ratio Decidendi

The trustees have the power under clause 8(2)(i) of the 1987 Appointment to revoke the existing trusts and create new trusts for the benefit of RS and TU, including their children whether legitimate or not. The proposed appointment is a proper exercise of that power as it objectively benefits RS and TU by ensuring all their children can benefit and by preventing early vesting of capital. The appointment is not an impermissible delegation of discretion. Confidentiality orders are justified to protect the children from adverse consequences.

Court Disposition

Application granted

Orders

  • Trustees authorised and blessed to execute the proposed appointment as set out in the draft Deed of Appointment
  • Confidentiality and anonymity orders continued to protect the identity and privacy of the children and family