Young & Ors [2010] ScotCS CSIH_84 (03 November 2010)

Young & Ors [2010] ScotCS CSIH_84 (03 November 2010)

The court held that upon the death of the daughter without marrying, all surviving children had either attained majority or married, exhausting the earlier trust purposes. Therefore, purpose LASTLY applied, and the balance of the trust fund was to be distributed among the surviving beneficiaries as specified in the trust deed.

Citation
[2010] ScotCS CSIH_84
Parties
First Party: Patrick Charles Young's Trustees; Second Party: Patrick Andrew Young and Others; Third Party: Patrick Charles Young's Executors
Jurisdiction
Scotland
Judgment Date
03 November 2010
Procedural Posture
Special Case / Opinion of the Court
Outcome
Question 1 answered in the affirmative; Question 2 superseded.
Legal Topics
Interpretation of Trust Deeds, Distribution of Trust Funds, Vesting of Capital, Class Closing Rules
Trusts and Estates Succession Law Interpretation of Trust Deeds Distribution of Trust Funds Vesting of Capital Class Closing Rules

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Parties

Patrick Charles Young's Trustees

First Party

Patrick Andrew Young and Others

Second Party

Patrick Charles Young's Executors

Third Party

Procedural Posture

Special Case / Opinion of the Court

Legal Issues

  1. 1 Whether the balance of the trust fund is disposed of by purpose LASTLY when a daughter dies without marrying
  2. 2 Whether the capital reverts to the truster's estate if purpose LASTLY does not apply

Ratio Decidendi

The court held that upon the death of the daughter without marrying, all surviving children had either attained majority or married, exhausting the earlier trust purposes. Therefore, purpose LASTLY applied, and the balance of the trust fund was to be distributed among the surviving beneficiaries as specified in the trust deed.

Court Disposition

Question 1 answered in the affirmative; Question 2 superseded.

Orders

  • The balance of the trust fund is to be distributed in accordance with purpose LASTLY of the trust deed.