Re Erskine Trust [2012] EWHC 732 (Ch), [2012] All ER (D) 03 (Apr)
Chancery Division, Mark Herbert QC, 29 March 2012
The exclusion of adopted children from the definition of “statutory next of kin” in the Administration of Estates Act 1925 by the Adoption of Children Act 1926, s 5 was discriminatory and contrary to the prohibition in Art 14 of the European Convention on Human Rights.
Edward Hewitt (instructed by Veale Wasbrough Vizards) for the trustees. David Rowell (instructed by Veale Wasbrough Vizards) for C and S. Charles Holbeach (instructed by Veale Wasbrough Vizards) for M.
The issue raised in the instant case was the construction of the phrase “statutory next of kin” in an English settlement made in 1948 and the possible retrospective effect of the European Convention on Human Rights (the Convention) on that construction. In 1948, the deceased, DM, made a settlement in respect of which a trust fund worth approximately £3.2m was set up (the trust). The beneficiary of the trust was DM’s daughter, L. L
