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Holmden’s Settlement Trusts, Re Holmden’s Settlement, Re: HL 13 Dec 1967

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

Ridgwell and others v Ridgwell and others; In Re RGST Settlement Trusts: ChD 14 Nov 2007

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

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 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

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