Pemberton v Pemberton & ors [2016] EWHC 2345 (Ch)

December 2016 #165

This case involved a claim by one of the trustees of the Pemberton Settled Estates, originally created on 31 March 1965, for a variation of the settlement. The first to third defendants were the other trustees of the settlement who had in mind the unborn and unascertained beneficiaries. There were also four adult defendants and four defendants who were minor beneficiaries. All defendants supported the variation.

The claimant proposed the following variation:

  1. a) to set the perpetuity period running afresh for a further 125 years;
  2. b) to confer on the trustees a...