Equity: To the rescue

Lisa Springate and Dina El-Gazzar examine the importance of the landmark decision in Re The Shinorvic Trust ‘With modern family relationships and changed social attitudes, obligations to support financially now extend to a much wider category of people. For example, illegitimate children, stepchildren, and same-sex partners.’ The decision in the recent case of Re The …
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Re The Shinorvic Trust [2012] JRC081

Wills & Trusts Law Reports | March 2013 #127

The Shinorvic Trust (the trust) was established by VB (the settlor) on 19 July 1988. The trust was a discretionary trust governed by Jersey law. The original trustees of the trust were the Radcliffes Trustee Company SA (Radcliffe) and the original beneficiaries were the settlor’s sister MF and her children and remoter issue. Clause 2(3) of the trust deed conferred a power on the settlor to add beneficiaries. The power to add was exercisable by ‘instrument’ executed by the settlor. Clause 2(1)(f) of the trust deed defined an ‘instrument’ as ...