A trust should express, not obstruct, a court’s will, says Jenny Duggan
As is often the case where an application for financial relief has been made under Sch 1 of the Children Act 1989, G v A (Financial Remedy: Enforcement) (No 1) [2011] EWHC 2380 (Fam); (No 2) [2011] EWHC 968 (Fam); (No 3) [2011] EWHC 2377 (Fam); (No 4) [2011] EWHC 2377 (Fam) concerns a settlement that was established for the benefit of a child during his minority. The case is, however, particularly noteworthy because it was held that directions could be made that may override a trust deed.
Trust terms
The mother and father in this case began their relationship in 1996 and their child, N, was born in 2001. The parties separated in 2002. On 10 May 2005, upon hearing the mother’s Sch 1 application, the district judge ordered £20,000 to be paid absolutely to the mother and the father to settle £220,000 for the purchase of a property to be held until N reached the age of 21 or the completion of his tertiary education. The terms of the trust
