Holden-Hindley & ors v Holden-Hindley & anr [2013] EWHC 3053 (Ch)

Wills & Trusts Law Reports | March 2014 #137

The trustees of two family settlements applied to the court for authorisation of action that they proposed to take. David Holden-Hindley created the No 7 Settlement in 1973 for the benefit of his children, issue, his sister-in-law and her children and his sister Doreen Hindley and her children and issue. His brother Airlie set up a similar trust the No 9 Settlement in 1975 but only his children and those of his sister Doreen were beneficiaries. In both settlements illegitimate children were excluded.

In 1983 two deeds of appointments were made under the two settlements for the ben...

Illegitimacy And Trusts: Benefiting child and parent

Holden-Hindley v Holden-Hindley clarifies the court’s approach towards settlements which exclude illegitimate children. Charlotte Searle explains ‘In modern society, the decision to allow illegitimate children to be treated in the same way as legitimate children does appear to be a pragmatic and fair one, even if the grounds on which similar cases have been distinguished …
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