O v M & Anor (Approved) [2021] IEHC 253 (18 March 2021)

O v M & Anor (Approved) [2021] IEHC 253 (18 March 2021)

The court approved the variation of trust and the settlement of the section 117 claim because actuarial evidence demonstrated the proposed arrangement was more beneficial to the contingent beneficiaries than the existing trust, all relevant parties consented, and approval would avoid costly litigation and depletion of the estate.

Citation
[2021] IEHC 253
Parties
Plaintiff/respondent: O; Defendant/applicant: M; Defendant/applicant: K; Respondent: R; Respondent: G
Jurisdiction
Ireland
Judgment Date
18 March 2021
Procedural Posture
Special Summons / Probate / Trust Variation / Judgment on Approval of Settlement and Trust Variation
Outcome
Settlement and trust variation approved
Legal Topics
Variation of Trusts, Section 117 Succession Act 1965, Section 24 Land and Conveyancing Law Reform Act 2009, Approval of Settlements, Contingent Beneficiaries
Succession Law Trusts and Estates Equity Variation of Trusts Section 117 Succession Act 1965 Section 24 Land and Conveyancing Law Reform Act 2009 Approval of Settlements Contingent Beneficiaries

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Parties

O

Plaintiff/respondent

M

Defendant/applicant

K

Defendant/applicant

R

Respondent

G

Respondent

Procedural Posture

Special Summons / Probate / Trust Variation / Judgment on Approval of Settlement and Trust Variation

Legal Issues

  1. 1 Whether the court should approve a variation of trust under section 24 of the Land and Conveyancing Law Reform Act 2009 for the benefit of contingent beneficiaries
  2. 2 Whether the court should approve the settlement of a section 117 Succession Act 1965 claim

Ratio Decidendi

The court approved the variation of trust and the settlement of the section 117 claim because actuarial evidence demonstrated the proposed arrangement was more beneficial to the contingent beneficiaries than the existing trust, all relevant parties consented, and approval would avoid costly litigation and depletion of the estate.

Court Disposition

Settlement and trust variation approved

Orders

  • Order approving the arrangement under section 24(1) of the Land and Conveyancing Law Reform Act 2009 in substitution of the existing trust for the benefit of contingent beneficiaries
  • Order designating the applicants as appropriate persons to make the application under section 23 of the 2009 Act