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

The evidence before the court is contained in two witness statements of the claimants (though that of the second claimant simply confirms the substance of that of the first claimant). I also have the benefit of an opinion from Robert Sheridan of counsel, who has a 10-year qualification for the purposes of CPR PD 64A, paragraph 1A.3(b).

The evidence establishes that the deceased settled further trusts of life assurance policies on 23 September 1992 and 9 June 2009. The trustees of the 1992 trust were the deceased, her late husband Christopher (who died in 2007), and her former financial adviser David Keyte. Mr Keyte was replaced by the first claimant in October 2022. After the deceased’s death, the first claimant was and remains the sole surviving trustee. The trust confers power to appoint amongst a class of family members, but in default of appointment the trust fund is held for the deceased’s two sons in equal half shares absolutely.

The trustees of the 2009 trust were the deceased and her two sons, though Mark retired as a trustee, and the first claimant was appointed, on 12 July 2022. Again, the trust confers power to appoint amongst a class of family members, and also any charity, but in default the trust fund is held for the deceased’s two sons in equal half shares absolutely.