Variation of Trusts Cases

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In Re Thomas; Thomas v Thompson [1930] 1 Ch 194

Facts: The trustees wanted to sell trust land but were unable to get the joint consent of the beneficiaries to do this.

Held: The court said the trust could be varied to allow for the partition of the property between the life tenants and those who want to sell can sell

Re Jackson (1882) 21 Ch D 786

Facts: Trust property was literally in need of being salvaged (i.e. it was going to fall down)

Held: The court exercised its inherent jurisdiction to vary the terms of the trust i.e. allow the property to be mortgaged to get money to repair it

Re Tinker’s settlement [1960] 3 All ER 85

Facts: A trust provided that if a brother died his share would go to his sister, but if the sister died her share would go to her children. The trustees regarded this as an obvious mistake and sought an alteration to the trust deed.

Held: The court did not allow the variation. Russell J said that this “is one of the weakest claims for rectification” he has ever seen

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