ABSTRACT
This article considers some of the issues arising from the evolution of social and legal understandings of what constitutes ‘family’ in the modern era and the impact of that evolution on older settlements. The article considers the common law’s default conception of familial relationships – who was a settlor’s spouse or child for example – and how that default conception could have been displaced by a settlor or testator. The article then considers some of the legislative interventions of the 20th and 21st centuries and the impact of human rights legislation which have altered the common law’s traditional understanding of family relationship. The article reviews several important cases, including the recent decision of Goodrich v AB [2022] EWHC 81 (Ch), which have considered the impact of these interventions on older settlements. Finally, the article considers some practical tips for settlors, trustees and beneficiaries.
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Simon Atkinson and Joseph Steadman, Modern Family: trusts in a time of rapid social change, Trusts and Trustees, https://doi.org/10.1093/tandt/ttac014. Published 12 March.
First posted 2022-03-17 08:00:54
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