W. -v- M. (APUM) [2011] IEHC 217 (27 May 2011)

W. -v- M. (APUM) [2011] IEHC 217 (27 May 2011)

The court approved the Amended Scheme of Arrangement varying the trust as it was satisfied, on the evidence, that the variation was for the benefit of M, reflected her express wishes, and all relevant beneficiaries had assented or were properly represented. No other relevant persons were identified whose interests required protection. The procedural requirements were satisfied by appointment of a guardian for M.

Citation
[2011] IEHC 217
Parties
Plaintiff: W.; Defendant: M.; Guardian for M.: B.; Defendant: D.
Jurisdiction
Ireland
Judgment Date
27 May 2011
Procedural Posture
Special Summons (variation of Trust) / Final Judgment on Application Under Land and Conveyancing Law Reform Act 2009, S.24
Outcome
Application granted; Amended Scheme of Arrangement approved under s.24(4) of the Land and Conveyancing Law Reform Act 2009.
Legal Topics
Variation of Trusts, Approval of Scheme of Arrangement, Jurisdiction Over Persons Lacking Capacity, Beneficiary Assent, Procedural Requirements for Persons of Unsound Mind
Equity Trusts and Estates Mental Capacity Law Variation of Trusts Approval of Scheme of Arrangement Jurisdiction Over Persons Lacking Capacity Beneficiary Assent Procedural Requirements for Persons of Unsound Mind

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

W.

Plaintiff

M.

Defendant

B.

Guardian for M.

D.

Defendant

Procedural Posture

Special Summons (variation of Trust) / Final Judgment on Application Under Land and Conveyancing Law Reform Act 2009, S.24

Legal Issues

  1. 1 Whether the court should approve the Amended Scheme of Arrangement varying the trust under s.24 of the Land and Conveyancing Law Reform Act 2009 for the benefit of M, a person of unsound mind not so found.
  2. 2 Whether all persons beneficially interested have assented or are properly represented.
  3. 3 Whether the proposed variation is for the benefit of M and any other relevant person.

Ratio Decidendi

The court approved the Amended Scheme of Arrangement varying the trust as it was satisfied, on the evidence, that the variation was for the benefit of M, reflected her express wishes, and all relevant beneficiaries had assented or were properly represented. No other relevant persons were identified whose interests required protection. The procedural requirements were satisfied by appointment of a guardian for M.

Court Disposition

Application granted; Amended Scheme of Arrangement approved under s.24(4) of the Land and Conveyancing Law Reform Act 2009.

Orders

  • Court approves the arrangement specified in the endorsement on the special summons, as assented to by A, B, and D, with drafting amendments for clarity and exclusion of unnecessary variation regarding spouses of children of Settlors.
  • Trust document to apply with variations to clause 1 as set out in appendix to the order.