Back to Insights listing

Trusts, probate and estates: contentious | High Court of JusticeWednesday 26 January 2022

Goodrich v AB [2022] EWHC 81 (Ch)

Judgment has been handed down in Goodrich v AB [2022] EWHC 81 (Ch).

A decision of Chief Master Shuman, this case is an important decision concerning the construction of settlements created prior to the Human Rights Act 1998, the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013.

Following an application brought by the trustees of two employee trusts seeking approval to complete a share buyout under Public Trustee v Cooper principles, which approval was given in February 2020, the trustees sought directions concerning, inter alia, the construction of the terms “spouses” and “children” contained in a settlement deed dated April 1990.  The Court determined that (i) civil partners and same-sex spouses were included within the beneficial class but (ii) step-children were excluded.

The judgment considers the approach to construction of employee trusts given their commercial purposes.  The Chief Master also considered whether it was possible to read down the CPA 2004 and the MSSCA 2013 compatibly with ECHR Convention rights, specifically articles 8 and 14, to eliminate potentially discriminatory outcomes between spouses and civil partners and between opposite sex and same sex spouses in older settlements.

This is an important decision for those considering the interpretation of older settlements and the impact of human rights legislation upon them.

Simon Atkinson was instructed on behalf of the trustees who, despite being neutral, were directed to advance arguments in support of narrow constructions of these terms in order that the Court had the benefit of full argument.

The judgment can be found here.

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Articles

    The recognition of foreign succession judgments at common law

    Andreas Giannakopoulos has written an article on the recognition of foreign succession judgments at common law, which is due to be published in the in-depth section of Issue 7 (Vol. 32) of Trusts & Trustees. The article examines whether the... Read more

    By Andreas Giannakopoulos
    Wednesday 10 June 2026

    View more
  2. Placeholder

    External Conferences

    TL4 Private Client Advisory and Litigation Forum: Paris

    Friday 12 June 2026
    Waldorf Astoria Versailles - Trianon Palace

    Speakers:
    Fenner Moeran KC | Tiffany Scott KC

    View more
  3. Placeholder

    Articles

    What Kroupeeva v Kroupeev tells us on orders for variation of nuptial settlements and adverse inferences in trust and divorce cases

    Article by Fenner Moeran KC and Roxane Reiser, 1st June 2026 To read or download this article as a PDF, please click here. In Kroupeeva v Kroupeev [2026] EWFC 85, James Ewins KC sitting as a Deputy High Court Judge found... Read more

    By Fenner Moeran KC | Roxane Reiser
    Tuesday 2 June 2026

    View more
  4. Placeholder

    External Conferences

    Transcontinental Trusts Bermuda 2026

    Thursday 18 June 2026
    Hamilton Princess Hotel, Bermuda

    Speakers:
    Gilead Cooper KC

    View more

View all thought leadership