Susannah Meadway is a prominent junior within the private client arena, acting in difficult, complex and high-value matters. She is ranked at the highest level in the current legal directories and is regarded as a leading expert on the variation of trusts. Her well established practice encompasses all types of advisory, drafting and litigation work in the fields of trusts and associated taxation, wills, probate and the administration of estates, and charities.
Ranked in Band 1 for both Chancery: Traditional and Trusts in Chambers UK 2022.
Practice Areas
Susannah has very extensive experience of applications to the Court under the Variation of Trusts Act 1958, including for the extension of perpetuity and accumulation periods, and in relation to multi-billion pound trust funds. In the majority of such cases a judgement is not given, but those where it has been include:
- MN v OP [2019] EWCA Civ 679; 22 ITELR 61. This started life as an application for the approval of a variation extending the perpetuity and accumulation periods applicable to a settlement, but ended in the Court of Appeal with an important judgment on the granting of anonymity orders in proceedings under the Variation of Trusts Act 1958.
- A v B [2016] EWHC 3740 (Ch); [2016] WTLR 745: Where the Court approved the extension of the perpetuity and accumulation periods applicable to the trusts of a dynastic settlement of a very large landed estate, sanctioning an unusual procedure which obviated the need to join all possible beneficiaries to the application.
- C v C [2015] EWHC 2699 (Ch); [2016] WTLR 223: Where the Court accepted it had jurisdiction to vary the trusts of a foreign law settlement.
- DC v AC [2016] EWHC 477 (Ch): Where the Court approved the extension of the perpetuity and accumulation periods applicable to the trusts of a number of very large dynastic settlements.
- Bathurst v Bathurst [2016] EWHC 3033 (Ch): A variation involving an issue on the change of the provisions for the appointment of new trustees.
She also has a specialism in the rectification and/or setting aside of trust documents, her reported cases in this area being:
- RBC Trustees (CI) Ltd v Stubbs [2017] EWHC 180 (Ch), [2018] WTLR 1399.
- Chisholm v Chisholm [2011] WTLR 187: Where the Court rectified two trust deeds so as to be bare trusts in accordance with the settlor’s intention.
- Bartlam v Coutts [2006] WTLR 1165: Where the Court rectified a deed of appointment which failed to appoint accumulation and maintenance trusts complying with the relevant requirements for inheritance tax relief.
- Re Bell [2002] WTLR 1105: Concerning the rectification of a will.
- Re Segelman [1996] Ch 171: Concerning the rectification of a will, as well as whether the will created a charitable trust of the testator’s valuable violin collection.
A significant recent case on the scope of special powers of appointment in which Susannah has been involved is PQ v RS [2019] EWHC 1643 (Ch).
More generally, Susannah advises and assists trustees and beneficiaries in achieving their objectives, ensuring that their trusts are suited to both family and fiscal circumstances, whether by the use of applicable powers in the trust documents, the agreement of all concerned or (where neither of the previous methods is available) the assistance of the Court.
Susannah has wide experience and expertise in advising on the tax implications of trust structures and trust changes. She has a particular specialism in inheritance tax, not only as it relates to trusts but also to individuals. She was for many years a contributor to Foster’s Inheritance Tax.
Susannah has considerable experience in all aspects of charity law.
Recommendations
Qualifications
- MA (Oxon), Philosophy, Politics & Economics, First Class
- Dip Law (Distinction), City University
Associations & Memberships
- Chancery Bar Association
- STEP
Publications
- Williams on Wills (joint-editor)
- Mellows: Taxation for Executors & Trustees (joint editor)
- Extending trusts under the Variation of Trusts Act 1958: a simplified method? (Trust & Trustees 2016)
- Perpetuities & Accumulations Act 2009 (Trusts & Trustees 2010)
Susannah Meadway is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. She is regulated by The Bar Standards Board [Bar Ref 23058] and is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/037] to provide legal services, please refer to the BMIF website for full details of the world-wide cover provided. She is registered for VAT under the reference 524114095.
