Daniel Burton (instructed by Gavin Faber of Roythornes LLP) and Tom Dumont KC (instructed by Jak Ward of Roythornes LLP) represented the successful parties in a Part 64 claim concerning the administration of a family trust.

The Court was asked to determine the validity and effect of various instruments and whether trust assets of circa £3.5m had been lawfully distributed to the capital beneficiaries.

The judgment of HHJ Williams covers a range of technical issues of trusts law and practice, including the inferred exercise of a fiduciary power, the principle espoused in Re Pettifor’s Will Trusts [1966] Ch. 257 (Ch.) on incapacity of childbearing and binding HMRC to the Court’s decision under CPR r.19.13 (after Dalriada Trustees Ltd. v HMRC [2023] UKFTT 00214 (TC)).

Read the High Court’s judgment here.