Accordingly, this great-grandchild was illegitimate, and therefore could be excluded from the benefit of the trust, simply because she was not born a month later. The trust deed made no mention of illegitimate children, and therefore reliance had to be placed upon the common law rules of construction, which say that a child is legitimate only if they are “born or conceived in wedlock”.
The question was whether she is a beneficiary under the trust, being one of the children of the grandchildren of the Settlor. One of those had no children, but the other had three, one of whom was illegitimate, having been born one month before her parents married. The term “the Beneficiaries” was defined to include the child or children and remoter issue of the Settlor then alive, or who shall be born during the lifetime of the trust. The trustees of the trust were given power under it “to pay or apply all or any part” of that capital “to or for the benefit of all or any one or more exclusively of the others or other of the Beneficiaries in such manner and to such extent and in such shares and proportions and upon such terms and conditions … and generally in such manner in respects as the Trustees may in their absolute discretion think fit”. We are told that the assets of the settlement are substantial, having a current value in excess of £80 million. their descendants) and their respective spouses, widows and widowers. It concerned a trust set up in 1968 for the benefit of the Settlor’s children and remoter issue (i.e. The case was PQ & Another v RS & Others, decided by Chief Master Marsh in the Chancery Division of the High Court on the 4 th of July. the person who set up the trust) was born ‘out of wedlock’ (even using that expression feels wrong!). OK, the case actually turned on the construction of a clause in a trust deed, but still the issue in the case arose out of the fact that one of the great grandchildren of the Settlor (i.e. Surely, we are no longer concerned with such an archaic concept that discriminates against a child simply because his or her parents were not married when they were born? Well, it seems that we are still concerned with such things, according to a recent High Court case. I suspect that the vast majority of the population would think that the whole idea of a child being ‘illegitimate’ had long since been consigned to the dustbin of history.
Remoter issue trust deed how to#
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