Source: All England Reporter
Publisher Citation: [2009] All ER (D) 64 (Aug)
Neutral Citation: [2009] EWHC 2076 (Ch)
Court: Chancery Division

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


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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