Approval was sought of a proposed deed varying trusts created in the will.
Held: The testator’s intention would be defeated by the proposed arrangement which involved the deletion of the forfeiture provision dependant upon the beneficiary’s practice of the Roman Catholic faith. Pennycuick J said: ‘That was serious but by no means a conclusive consideration’. The forfeiture provision plainly expressed a strongly held wish on the part of the testator as to who should not benefit under his will. The court agreed to approve the variation, because it was beneficial to all concerned.
Judges:
Pennycuick J
Citations:
[1970] 1 Ch 560
Jurisdiction:
England and Wales
Cited by:
Cited – Goulding and Goulding v James and Daniel CA 10-Dec-1996
The family sought approval of a proposed variation of the will to make best advantage of tax allowances. Because the beneficial interests of children would be affected, the court’s approval was necessary. The judge had refused to approve the . .
Cited – Wright and Another v Gater and Others ChD 7-Nov-2011
The beneficiary, a child was to inherit estates of his grandparents and parents, all of which were intestate. An application was made to vary the provisions in order to reduce the liability to Inheritance Tax.
Held: A deferment of vesting . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 01 May 2022; Ref: scu.241675