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ELIGIBLE BENEFICIARIES – LEGITIMACY IN THE MODERN AGE

AUGUST 23RD 2011 | 04:02 TAGS: TRUSTS

The recent case of In the matter of the Duchy of Manchester English & Irish Settled Estates [2011] EWHC 1856 tackles the problem of whether or not certain children of 13th Duke of Manchester were eligible to benefit under the family settlements as ‘issue’ of the 13th Duke’s father or as ‘descendants’ of the 1st Duke given their parents bigamous marriage. Despite the aristocratic handles this is a matter of general interest in the interpretation of trusts particularly where relationships might not be all they appear and yet produce children.

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