| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 64 (Aug) |
| Neutral Citation: | [2009] EWHC 2076 (Ch) |
| Court: | Chancery Division |
| Judge: | Blackburne J |
| Representation | Francis Barlow QC and James Rivett (instructed by Farrer & Co LLP) for the claimant. |
| Hedley Marten (instructed by Farrer & Co LLP) for the defendants. | |
| Judgment Dates: | 7 August 2009 |
Catchwords
Trust and trustee - Variation of trusts - Settlement - Proposal for variation of trusts of fund comprised in 'Lord Egremont's 1969 settlement' - Court being asking to approve proposal - Matters to be taken into account including class of unborn beneficiaries, perpetuity and tax consequences of variation - Whether proposal ought to be approved - s 1(1) - s 1(1).
The Case
Trust and trustee Variation of trusts. Chancery Division: The court approved, pursuant to its jurisdiction under s1(1) of the a proposal to vary the terms of a trust of which the claimant was named as a beneficiary. Matters such as the benefits which the variation would have on a class of beneficiaries which were unborn, perpetuity and the possible tax consequences of the proposal were taken into account.
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