A v B [2016] EWHC 340 (Ch)

WTLR Issue: June 2016 #160

A & ors

V

B & ors

Analysis

An application was made on 16 February 2016 to vary the trusts of the will of a testator (will) and of a settlement made by reference to the will (settlement) by the testator’s brother (settlor) pursuant to the Variation of Trusts Act 1958. The claimants included the eldest surviving son and eldest grandson of the settlor. The defendants included the trustees of the will and the settlement (trustees) as well as a class of the settlor’s descendants and their respective spouses who were beneficiaries under the will and the settlement.

Counsel details

Susannah Meadway (Ten Old Square, 10 Old Square, Lincoln’s Inn, London
WC2A 3SU, tel 020 7405 0758, e-mail clerks@tenoldsquare.com), instructed by  Hunters incorporating May, May & Merrimans (9 New Square, Lincoln’s Inn, London WC2A 3QN, tel 020 7412 0050, e-mail info@hunters-solicitors.co.uk) for the claimants.

Francis Barlow QC (Ten Old Square, 10 Old Square, Lincoln’s Inn, London
WC2A 3SU, tel 020 7405 0758, e-mail clerks@tenoldsquare.com), instructed by  Hunters incorporating May, May & Merrimans (9 New Square, Lincoln’s Inn, London WC2A 3QN, tel 020 7412 0050, e-mail info@hunters-solicitors.co.uk) for the eighth to eleventh defendants.

Robert Arnfield (Ten Old Square, 10 Old Square, Lincoln’s Inn, London WC2A 3SU,  tel 020 7405 0758, e-mail clerks@tenoldsquare.com), instructed by Hunters incorporating May, May & Merrimans (9 New Square, Lincoln’s Inn, London WC2A 3QN, tel 020 7412 0050, e-mail info@hunters-solicitors.co.uk) for the twelfth and thirteenth defendants.

 

Cases referenced

Cases in bold have further reading - click to view.

  • Christie Miller's Marriage Settlement Trusts [1961] 1 All ER 855
  • Re Lansdowne's Will Trusts [1967] Ch 603

Legislation referenced

Legislation in bold has further reading - click to view.