Antonia Barker provides a guide to key considerations on an application to vary periodical payments as a result of a change in circumstances Thought should be given to the likely duration of any reduction in income, as over the course of the pandemic some industries have suffered long-term damage while for others it is clear …
Continue reading "Variation: Looking at all the options"
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Kathryn Cassells considers how the courts may approach an application to vary a lump sum order where the applicant’s disclosure is unclear and their financial woes are of their own making While both quantum and the timing of payments is variable, case law suggests that the court will only vary quantum in exceptional circumstances, not …
Continue reading "Variation: Reduced circumstances"
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Heather Souter summarises the key considerations on an application to vary a financial consent order and the approach of the courts Unless there has been a significant change of circumstance since the order was made, grounds for variation under s31, MCA 1973 seem hard to conceive. The full financial impact of the global pandemic is …
Continue reading "Variation: To vary or not to vary"
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Wills & Trusts Law Reports | Summer 2019 #175Introduction
W, who died some years ago, established several settlements (referred to generally as ‘the General Family Trusts’), either directly or by trustees to whom he had provided funds. The value of the General Family Trusts was very substantial indeed. W had been married several times and had a large family. A representation was issued in respect of two of the General Family Trusts: the Y Trust and the Z Trust. The trustee companies of both of the trusts were amongst the respondents.
It had been W’s wish that after his death, in the administration of ...
Andrew Scott examines a long-running case as to the revision of a final order to reflect subsequent events and the jurisdiction of the court to do so ‘In Bezeliansky, the Court of Appeal approved Thwaite and confirmed the court’s power to vary an order, or make a new order, when new evidence is presented and …
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Mary Ashley looks at modernising trusts through variation ‘The court’s jurisdiction does not extend to allow for a resettlement of the trust – the court may only consent to arrangements which vary or revoke existing trusts.’ Once a trust is created, the trustees are effectively bound by the terms of it. At times, this can …
Continue reading "Variation: Keeping up-to-date"
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Wills & Trusts Law Reports | December 2016 #165This case involved a claim by one of the trustees of the Pemberton Settled Estates, originally created on 31 March 1965, for a variation of the settlement. The first to third defendants were the other trustees of the settlement who had in mind the unborn and unascertained beneficiaries. There were also four adult defendants and four defendants who were minor beneficiaries. All defendants supported the variation.
The claimant proposed the following variation:
- a) to set the perpetuity period running afresh for a further 125 years;
- b) to confer on the trustees a...
Daniel Sanders considers the courts’ approach to variation applications and the limited circumstances in which such an application is likely to succeed ‘A clear and highly compelling change in circumstances must have arisen in order to justify variation of the terms of the original maintenance order, whether as to quantum or term.’ For many clients …
Continue reading "Variation: Challenging odds"
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Kate Elliott analyses when an undertaking may be varied and the importance of finality in financial orders ‘While a formal jurisdiction to vary an undertaking does exist, when that variation is an attempt to substitute an entirely different outcome from that provided in the original order, the scope of the exercise of this jurisdiction must …
Continue reading "Variation: Final word"
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