Source: All England Reporter
Publisher Citation: [2005] All ER (D) 379 (Nov)
Neutral Citation: [2005] EWHC 2706 (Ch)
Court: Chancery Division
Judge:

Hart J

Representation Nicholas Le Poidevin (instructed by Brabners Chaffe Street, Liverpool) for the claimants.
  The first defendant appeared in person.
  Mark Hubbard (instructed by Paris Smith & Randall LLP, Southampton) for the third to seventh defendants.
Judgment Dates: 29 November 2005

Catchwords

Trust and trustee - Powers of trustee - Advancement - Charitable donation - Benefit of beneficiary - Discharge of moral obligation to make donation to charity - Whether proposed transaction for benefit of beneficiary.

The Case

It was not open to the trustees of a marriage settlement to exercise their powers of revocation and re-appointment in such a way as to release a very substantial part of the trust capital to the life tenant who was the wife of the settlor for the purpose of enabling her to devote it to charitable causes. Although the power could in principle (as a matter of construction) be exercised by advancing money to or for the benefit of the wife so that she might discharge a moral obligation to charity the transaction actually proposed could not properly be said to be for her benefit.

Practice Areas

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