PQ v RS [2019] EWHC 1643 (Ch)

WTLR Issue: Autumn 2019 #176





This was a Public Trustee v Cooper application by the claimants as trustees of a discretionary trust executed on 11 March 1968. The application was for a declaration that they had power to make a proposed appointment, and the court’s blessing of that appointment. The trust assets had an estimated value of £80 million. Under the terms of the settlement, the beneficiaries included the children and remoter issue of the settlor, including adopted children and issue. The settlement was silent on the position of illegitimate children. The trustees had wide powers to apply the capital for the benefit of one or more beneficiaries, and to vary the trust powers and provisions so long as no-one was capable of taking any interest or benefit thereunder except some or all of the beneficiaries.

Counsel details

Richard Dew (Ten Old Square, Lincoln’s Inn, London WC2A 3SU, tel 020 7405 0758, e-mail clerks@tenoldsquare.com) instructed by Wedlake Bell LLP (71 Queen Victoria Street, London, EC4V 4AY, tel 020 7385 3000) for the claimants.

Francis Barlow QC (Ten Old Square, Lincoln’s Inn, London WC2A 3SU, tel 020 7405 0758) instructed by Wedlake Bell LLP for the third defendant.

Susannah Meadway (Ten Old Square) instructed by Boodle Hatfield LLP (240 Blackfriars Road, London SE1 8NW, tel 020 7629 7411, e mail bh@boodlehatfield.com) for the fourth and fifth defendants.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Adoption Act 1976, schedule 2, paragraph 6(1) Family Law Reform Act 1969, Part II, s15(1)(a) Family Law Reform Act 1987, ss1, 19 Human Rights Act 1998, ss2, 3 Legitimacy Act 1976, s5 Variations of Trusts Act 1958