Site icon swarb.co.uk

Re: Gibson’s Settlement Trusts; Mellor v Gibson: 1981

Settlement trustees undertook to execte a deed appointing trust moneys to the settlor’s children. The beneficiaries were not content with the proposed deed, and the trustees sought directions.
Held: The undertaking was invalid as a fetter on the trustees’ discretion. As to the costs of the application, the costs of the trustees incurred before the dismssal were payable from the trust.

Judges:

Megarry J VC

Citations:

[1981] Ch 179, [1981] 2 WLR 1, [1981] 1 All ER 233

Jurisdiction:

England and Wales

Cited by:

CitedJones and others v Firkin-Flood ChD 17-Oct-2008
The trustees had contracted to sell shares in a private company held within the estate. A family member now claimed that they were held in trust after a settlement of a possible challenge to the will based in lack of testamentary capacity and undue . .
Lists of cited by and citing cases may be incomplete.

Trusts, Costs

Updated: 01 May 2022; Ref: scu.277069

Exit mobile version