Wilberforce J was asked to approve a variation of a trust in favour of a child under the 1958 Act, to restrict her from getting her full entitlement on her attaining the age of 21 because she was said to be ‘alarmingly immature and irresponsible as regards money.’ She was within 18 days of attaining … Continue reading In re T’s Settlement Trusts: ChD 1964
Under the 1968 Act, the court is not in the position of a statutory settlor. Lord Reid described the provisions of the 1958 Act: ‘Under the Variation of Trusts Act the court does not itself amend or vary the trusts of the original settlement. The beneficiaries are not bound by variations because the court has … Continue reading Holmden’s Settlement Trusts, Re Holmden’s Settlement, Re: HL 13 Dec 1967
Funds were held upon trust for X with the remainder (in default of exercise of the power of appointment) to his three children aged 7,5 and 2. It was beneficial for tax purposes to insert a life interest in favour of X’s surviving spouse (thereby postponing the interest of the children). An alternative would have … Continue reading Ridgwell and others v Ridgwell and others; In Re RGST Settlement Trusts: ChD 14 Nov 2007
The curt was asked whether a resettlement of part of a trust fund on a new trust could be a variation which the court could approve under the 1958 Act. Held: A variation under the Act must not be such as to change the fundamentals of the trust.Megarry J said: ‘If an arrangement changes the … Continue reading Re Ball’s Settlement Trusts: ChD 1968
Lord Denning MR said: ‘I must, however, consider the statement of Lord Upjohn on the footing that it is one of two reasons which he gave for his decision. It is said that both reasons are binding on all courts in the land, including the House of Lords itself. The proposition is said to rest … Continue reading Re Holmden’s Settlement Trusts: CA 1966
The settlor applied for the approval of an arrangement for the export of his trust to Jersey, where he had gone to live. The court considered its powers under the 1968 Act. Held: The court should not consider merely the financial benefit to the infants or unborn children, but also their educational and social benefit. … Continue reading Re Weston’s Settlement Trusts: CA 1968
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The testator had left andpound;100,000 legacies to his grandchildren at 25. In order to achieve a tax saving. The court was asked to approve an arrangement under which the individual legacies were replaced by interest in a fund in which the widow had a short-term interest. Held: There is jurisdiction under the 1958 Act to … Continue reading In Re Bernstein: ChD 2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The parties had been wealthy. Whilst still married, substantial sums had been placed in a trust. Their business interests had crashed and both faced personal bankruptcy. The husband appealed an order setting aside the trust. Held: A clause in the trust deed could not prevent application of the Act. The judge had been correct to … Continue reading Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement): CA 30 Jul 2004
Applications under the Variation of Trusts Act 1958 Judges: Teverson M Citations: [2020] EWHC 1226 (Ch) Links: Bailii Jurisdiction: England and Wales Trusts Updated: 27 November 2022; Ref: scu.650853
Judges: Mr Justice Morgan Citations: [2011] EWHC 2721 (Ch) Links: Bailii Statutes: Trustee Act 1925 57, Variation of Trusts Act 1958 1 Jurisdiction: England and Wales Trusts, Wills and Probate Updated: 23 November 2022; Ref: scu.447516
Judges: Mr Justice Morgan Citations: [2014] EWHC 3432 (Ch) Links: Bailii Statutes: Variation of Trusts Act 1958 1 Jurisdiction: England and Wales Trusts Updated: 19 November 2022; Ref: scu.537990
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 variation, saying that it would be contrary to the intention of the testator, and that he … Continue reading Goulding and Goulding v James and Daniel: CA 10 Dec 1996
Citations: [2015] EWHC 2699 (Ch) Links: Bailii Statutes: Variation of Trusts Act 1958 Jurisdiction: England and Wales Trusts Updated: 07 October 2022; Ref: scu.554293
Judges: Blackburne J Citations: [2009] EWHC 2076 (Ch), (2009-10) 12 ITELR 461, [2009] WTLR 1473 Links: Bailii Statutes: Variation of Trusts Act 1958 Jurisdiction: England and Wales Trusts Updated: 13 September 2022; Ref: scu.372694
Citations: [2019] EWHC 726 (Ch) Links: Bailii Statutes: Variation of Trusts Act 1958 Jurisdiction: England and Wales Trusts Updated: 18 June 2022; Ref: scu.635183
Judges: Morgan J Citations: [2018] EWHC 685 (Ch) Links: Bailii Statutes: Variation of Trusts Act 1958 Jurisdiction: England and Wales Trusts Updated: 07 April 2022; Ref: scu.608323
Master Matthews [2016] EWHC 3033 (Ch) Bailii Variation of Trusts Act 1958 England and Wales Trusts Updated: 26 January 2022; Ref: scu.571981
Warren J [2016] EWHC 340 (Ch) Bailii Variation of Trusts Act 1958 England and Wales Wills and Probate, Trusts Updated: 10 January 2022; Ref: scu.560269
Jeremy Cousins QC DJCH [2015] EWHC 1717 (Ch) Bailii Variation of Trusts Act 1958 England and Wales Trusts Updated: 02 January 2022; Ref: scu.550032
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
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 might constitute a ‘benefit’ for the purposes of the 1958 Act, but it was an … Continue reading Wright and Another v Gater and Others: ChD 7 Nov 2011
The court considered an application under the 1968 Act to vary a trust. The testator had shown in the terms of his will a particular purpose in creating a protective trust; that was to protect the life tenant from improvident dealings with property . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .