Charles Cooper | Barrister & Mediator

Category: trusts

Stock & Ors v. Neal [2026] EWHC 1823 (Ch)

In a claim by Trustees for determination, ‘The authorities establish no “principle”… that “royalties (whether from mines or intellectual property) are trust income if they are generated by the settlor’s exploitation of that asset during their lifetime, but that otherwise they are trust capital”‘: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2026/1823
Read more: Stock & Ors v. Neal [2026] EWHC 1823 (Ch)
A & Ors v. C & Ors [2026] UKPC 11

In the absence of any express provision, ‘settlors must be taken to have known or been advised as to the constraints upon decision-making’ for fiduciaries, and ‘It must be inferred, as a matter of construction, that no further or narrower restraints were intended to be imposed’: https://caselaw.nationalarchives.gov.uk/ukpc/2026/11
Read more: A & Ors v. C & Ors [2026] UKPC 11
Morgan v. Estate of Morgan Dec’d [2026] EWHC 20 (Ch)

No resulting trust where the donor ‘has not proved on the balance of probabilities that she was the beneficial owner of the cash’ and the recipient ‘clearly did not intend that Mrs Morgan should have a beneficial interest in the property that was to be purchased’: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2026/20
Read more: Morgan v. Estate of Morgan Dec’d [2026] EWHC 20 (Ch)