ET v JP & ors [2018] WTLR 109
Wills & Trusts Law Reports | Spring 2018 #171The adult beneficiaries of a trust had consented to a proposed variation of the trust. Since the variation affected the position of beneficiaries who were minors and unborn and unascertained beneficiaries, the approval of the court under s1 of the Variation of Trusts Act was required. One of the minor beneficiaries (X) was severely autistic and lacked capacity to consent.
Section 1(1)(a) of the Variation of Trusts Act 1958 provides that the court may approve an arrangement on behalf of any person who by reason of infancy or other incapacity is i...