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
Citations:  EWHC 726 (Ch) Links: Bailii Statutes: Variation of Trusts Act 1958 Jurisdiction: England and Wales Trusts Updated: 18 June 2022; Ref: scu.635183
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
Judges: Morgan J Citations:  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  EWHC 3033 (Ch) Bailii Variation of Trusts Act 1958 England and Wales Trusts Updated: 26 January 2022; Ref: scu.571981
Warren J  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  EWHC 1717 (Ch) Bailii Variation of Trusts Act 1958 England and Wales Trusts Updated: 02 January 2022; Ref: scu.550032
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 . .
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 . .
Applications under the Variation of Trusts Act 1958 . .
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 . .
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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 . .
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 . .