PT-2025-BRS-000081 - [2025] EWHC 2128 (Ch)

In the present case, all I have to go on is the history and basic facts of this family (of which Jason is the only survivor), combined with the terms of the second and third life assurance trusts. Whilst I consider that I may properly infer that the first trust was, like the others, intended principally to benefit the members of the family, I do not think that that is enough for me to hold positively that the only person entitled in the events which have happened is Jason. But the claim in fact does not ask me to go so far.

On the other hand, I do think that it is sufficient for me to be able to order (as requested) that the claimants be at liberty to pay the policy proceeds to Jason on the footing (which may turn out to be wrong) that he is the sole remaining beneficiary. This will be a form of Benjamin order, relieving the claimants of liability for misapplication, but not destroying the interest of any third party that there may be. In practice, if the claimants, despite their best efforts from their stronger institutional position, have been unable to establish the lost terms of the trust, it is unlikely that anyone else will be able to do so. But that will be the (modest) risk that Jason takes.