trusts – Page 3 – Charles Cooper

Savage v. Savage [2024] EWCA Civ 49

‘Section 15(3) [TOLATA 1996] does not expressly, or by implication, exclude the circumstances and wishes of the minority of beneficiaries by value from being taken into account by the court. It simply does not include these matters in the list of matters that must be considered’: https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/49
Read more: Savage v. Savage [2024] EWCA Civ 49
Folds Farm Trustees Ltd v. Cutts [2024] EWHC 12 (Ch)

‘…the Trusts are disretionary… It is therefore unarguable that each of the children is entitled to an equal division of the assets of the Trusts, or that the trustees could only properly exercise their discretion by treating the beneficiaries equally. It is inherent in a discretionary trust that some beneficiaries may be treated more favourably…
Read more: Folds Farm Trustees Ltd v. Cutts [2024] EWHC 12 (Ch)
Zedra Fiduciary Services v. HM Attorney General [2023] EWCA Civ 1332

‘It is not right… to pick out only one element (or two elements) of the spirit of the gift without regard to the remaining elements’ when considering the appropriate application of funds, held on charitable trusts under a cy-pres scheme, pursuant to s.67 Charities Act 2011 and ‘What we are concerned to identify is the…
Read more: Zedra Fiduciary Services v. HM Attorney General [2023] EWCA Civ 1332

Charles Cooper | Barrister