In re A Settlement v [1996] JLR 226 (06 June 1996)

In re A Settlement v [1996] JLR 226 (06 June 1996)

Illegitimate children may be included as beneficiaries under the trust if extrinsic evidence demonstrates the settlor intended their inclusion.

Citation
[1996] JLR 226
Parties
Applicant: A Settlement
Jurisdiction
Jersey
Judgment Date
06 June 1996
Procedural Posture
Trusts / Judgment
Outcome
Application allowed
Legal Topics
Beneficiaries, Illegitimate Children, Interpretation of Trust Deed

Case Brief

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Parties

A Settlement

Applicant

Procedural Posture

Trusts / Judgment

  1. 1 Whether illegitimate children are included as beneficiaries under a trust in favour of 'children and remoter issue'

Ratio Decidendi

Illegitimate children may be included as beneficiaries under the trust if extrinsic evidence demonstrates the settlor intended their inclusion.

Court Disposition

Application allowed

Orders

  • Illegitimate children may be included as beneficiaries if extrinsic evidence supports settlor's intention