A settlor created a trust in favour of his wife and children with provision preventing them from making any disposition which would benefit him. The parties were divorced and he was ordered to pay maintenance to the children. The Trustees were concerned that in making payments to the children they would be reducing his liability.
Held: The trustees had to take that into account, but that need not stop a proper decision to fulfil the duties under the trust.
Citations:
Times 10-Nov-1999, Gazette 27-Oct-1999
Jurisdiction:
England and Wales
Trusts
Updated: 10 May 2022; Ref: scu.80705