Case alert: High Court joins solicitor as defendant to represent beneficiaries potentially prejudiced by decision to add surrogate son to family trust of Eighth Marquess of Bath
In Cator & Ors v Thynn & Anor [2026] TLC 1, the High Court considered an application to join an independent solicitor as the second defendant to a claim, to represent various beneficiaries of trusts relating to the Eighth Marquess of Bath. The substantive claim was for the court’s approval of the claimants’ decision to exercise a power of advancement for the benefit of the first defendant in the family trusts so as to make potential provision for the first defendant’s second son, Henry, who although genetically the son of the first defendant and his wife, was born to a surrogate mother, in the United States of America. Due to his surrogate birth, there was uncertainty as to whether Henry fell within the class of beneficiaries. The Eighth Marquess of Bath and his wife considered it would be unfair if their second son and his issue were excluded from benefit.
The High Court was invited to agree that an independent and suitably qualified solicitor should be appointed to represent the interests of those members of the class of beneficiaries who would be potentially prejudiced by the implementation of the trustees’ decision to add Henry to the class of beneficiaries. The High Court was satisfied that this was an appropriate case in which to appoint an independent solicitor. The High Court was also satisfied that Caroline Miller, a private client partner at Wedlake Bell LLP, who had agreed in writing to accept the position, was suitably qualified and independent. Therefore, the High Court ordered that Ms Miller should be joined as the second defendant to the claim, to represent the interests of those potentially prejudiced members of the class of beneficiaries, so as to be able to provide an appropriate argument against the implementation of the trustees’ decision.
