Eve J held that covenantees / trustees were not able
to enforce a covenant to settle in favour of next of kin who were volunteer beneficiaries.
to enforce a covenant to settle in favour of next of kin who were volunteer beneficiaries.
Reasoned that next of kin had no action either for
enforcement of covenant or for damages.
enforcement of covenant or for damages.
Also no trust relationship between covenantor and next
of kin – merely voluntary contract to create trust.
of kin – merely voluntary contract to create trust.
For court to direct trustees to take proceedings to
enforce covenant would be to give next of kin by indirect means what he cannot
obtain directly.
enforce covenant would be to give next of kin by indirect means what he cannot
obtain directly.
[So case is contrary to Fletcher v Fletcher]
