Withers Worldwide

Mr Barlow QC of 10 Old Square appeared on behalf of the defendant trustees in an action brought by beneficiaries under a Settlement. The primary issue before Briggs J was a claim for disclosure of a Letter of Wishes written by the de facto settlor. The claim is described by Briggs J as raising a question of real importance for settlors, trustees, beneficiaries and trust lawyers as well as being ‘of difficulty for a first instance Judge'.

The claimants also sought the setting aside of a purported addition of the second Defendant, a trustee, in a Deed of Appointment including her among the class of beneficiaries.

Mr Barlow QC will discuss the background to the decision, any interesting points of law and practice, and factors which influenced the court in reaching its decision.