Marcus v Marcus: can a non-biological child be “a child of the settlor”?’

In the recent judgment of Marcus v Marcus [2024] EWHC 2086, Master Marsh found that the words ‘the children and remoter issue of the Settlor’ in a settlement meant the two adult sons of the settlor, even though (unbeknownst to the settlor during his lifetime) one of his sons was not biologically his child. The case raises interesting and difficult questions about how ‘terms of art’ should be treated in settlements, wills and contracts … (more)

[Elizabeth Houghton, Wilberforce Chambers, 4 December 2024]

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