Bett and Others (Betts Trustees) Petitioners [1921] ScotLR 70 (04 November 1921)

Bett and Others (Betts Trustees) Petitioners [1921] ScotLR 70 (04 November 1921)

The Court, exercising its nobile officium, may authorise trustees to make advances out of capital for the maintenance and education of children where the trust income is insufficient and the trust deed does not expressly prohibit such advances, to ensure equitable treatment among beneficiaries and fulfil the obligation of aliment.

Citation
[1921] ScotLR 70
Parties
Petitioners: Mrs Catherine Paterson or Bett and others (Betts Trustees)
Jurisdiction
Scotland
Judgment Date
04 November 1921
Procedural Posture
Petition / Final Judgment
Outcome
Petition granted in part
Legal Topics
Nobile Officium, Advances of Capital for Maintenance of Children, Right to Aliment Out of Parent's Estate
Trusts and Estates Family Law Nobile Officium Advances of Capital for Maintenance of Children Right to Aliment Out of Parent's Estate

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Parties

Mrs Catherine Paterson or Bett and others (Betts Trustees)

Petitioners

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the trustees can be authorised to make advances out of capital for the maintenance and education of the testator's children when the annuity to the widow is insufficient and there is no express power in the trust deed for such advances for ordinary maintenance.

Ratio Decidendi

The Court, exercising its nobile officium, may authorise trustees to make advances out of capital for the maintenance and education of children where the trust income is insufficient and the trust deed does not expressly prohibit such advances, to ensure equitable treatment among beneficiaries and fulfil the obligation of aliment.

Court Disposition

Petition granted in part

Orders

  • Authorise the petitioners to make advances at their discretion to Mrs Catherine Paterson or Bett out of the capital of the trust estate of an amount not exceeding £120 per annum for two years for the maintenance and education of such children as are living in family with her and unable in whole or in part to support...