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England and Wales decisions
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Jennings & Anor v Appleby [2026] EWHC 1161 (Ch) (19 May 2026)
The High Court held that the Lloyd Trust did not become void for administrative unworkability after creation. The trustees’ decision to terminate and distribute was approved.
Ludlow Trust Company Ltd v Homfray [2026] EWHC 1107 (Ch) (13 May 2026)
The High Court construed a 1945 trust settlement’s cross-accruer clause, holding that Simon’s Fund fell equally to the trusts of David’s and Angela’s Funds.
Given the lack of direct evidence of the terms of the lost trust, but strong circumstantial evidence that the deceased intended to benefit her family, the court cannot positively declare Jason Fassam as the sole beneficiary. However, the court may make a Benjamin order permitting the claimants to pay the proceeds to Jason on the assumption he is the sole remaining beneficiary, thereby protecting the claimants from liability for misapplication but not barring any future claims by third parties.
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Cook & Anor v No Defendant (Fassam, Deceased, In The Estate Of) [2025] EWHC 2128 (Ch) (11 August 2025)
The court granted probate executors liberty to pay lost-trust policy proceeds to Jason on the assumed footing he was the sole remaining beneficiary, without barring third-party claims.
On a consequential hearing in a trust account dispute, the court held that payments to third parties were not proper trust distributions and could not reduce the claimants’ entitlement.
Folds Farm Trustees Ltd & Anor v Cutts & Ors [2024] EWHC 12 (Ch) (15 January 2024)
The High Court approved trustees’ decision to appoint Folds Farm to one beneficiary for £4.2 million plus overage, rejecting objections about valuation, equality, and conflict.
Madison Pacific Trust Ltd v SquareTwo Capital Ltd & Anor [2023] EWHC 2605 (Ch) (20 October 2023)
Trustee directions concerning bearer bond prescription periods, bondholder voting, and amendments to trust deed conditions were granted by the High Court.
The Serious Fraud Office & Anor v Litigation Capital Ltd [2022] EWHC 3053 (Comm) (30 November 2022)
The High Court held the Harbour Trust was a limited commercial trust, rejected broad trustee powers, and found Mr Ticehurst’s appointment under s.36 invalid.
Kekwick v Kekwick & Anor [2022] EWHC 2563 (Ch) (12 October 2022)
High Court trust dispute on limitation, legal costs, investment of trust funds, and distribution pending proof of beneficiary identity.
No action for breach of trust was brought by the beneficiary within the limitation period; procedural steps taken did not amount to an 'action' under the Limitation Act 1980. Trustees were not in breach for failing to distribute or invest the trust fund as they acted on legal advice and could not safely distribute without proof of identity. Legal costs assessment was refused as unproductive and disproportionate.
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