The Law Reports (Chancery Division)
[2013] Ch 135
In re
Erskine 1948 Trust
Gregg and another v Pigott and others
[2012] EWHC 732 (Ch)
2011 Dec 14,
16;
2012 March 29
Mark Herbert QC sitting as a deputy High Court judge
Settlement— Construction— “Statutory next of kin”— English settlement made in 1948— Trustees holding trust property “for the statutory next of kin of the beneficiary at the date of her death on the footing that she died a spinster”— Whether trust fund vesting in adopted nephews of beneficiary as statutory next of kin— Whether claims negated because nephews adopted so that beneficiary’s cousins statutory next of kin— Whether Convention right not to be discriminated against in enjoyment of Convention rights affecting construction of settlement—
Administration of Estates Act 1925 (15 & 16 Geo 5, c 23) (as amended by Intestates’ Estates Act 1952 (15 & 16 Geo 6 & 1 Eliz 2, c 64), s 1(3)(b)), ss 46(1)(v), 50(1)
[1]
—
Adoption of Children Act 1926 (16 & 17 Geo 5, c 29), s 5
[2]
—
Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, arts 8, 14
[3]