PQ AND ANOTHERV
RS AND OTHERS
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.