The High Court has allowed the son of the Marquess of Bath, who was born to a surrogate mother in America, to be potentially added to his beneficiaries.
Ceawlin Thynn, the 8th Marquess of Bath, is the owner of the £200 million Longleat estate in Wiltshire.
He and his wife, Marchioness Emma Thynn, have two young children: John, born in 2014, and Henry, born in 2016.
Henry, who is genetically the couple’s child, was born to a surrogate mother in the United States after the Viscountess suffered serious health issues during her first pregnancy. She was the first member of the British aristocracy to have a child via surrogacy.
The couple sought the High Court’s “blessing” for Henry to possibly inherit a share of three family trusts, due to “uncertainty” over whether he falls within the class of beneficiaries due to the nature of his birth.
In a ruling published on Thursday, Judge Paul Matthews said: “The first defendant [Lord Bath] and his wife consider it would be unfair and unfortunate if their second son and his issue were excluded from benefit.”
He added that at this stage, the trustees only wanted the power to add Henry as a beneficiary, but not to exercise it yet.
The judge, sitting in Bristol, said: “This is to avoid any problems with US tax, as he was born in America to an American surrogate mother.
“A decision can then be taken at a later stage, in the light of appropriate advice, whether to exercise the power to add him.”
Judge Matthews added that at an earlier hearing, Henry Legge KC, who represented the trustees, said Henry could reasonably expect to inherit after his elder brother, “in the same way as any future legitimate naturally born sibling”.
He continued: “He could also reasonably expect to take priority over any such subsequently born sibling.
“A certain amount of equality can nevertheless be attained.
“The first defendant [Lord Bath] would like that to be done.
“The present proposed advance on new trusts will achieve that object, and will be a material benefit to the first defendant as the father of both boys, who will not have to make provision for Henry out of his own resources.
“Mr Legge says that the trustees are certainly entitled to form that view and that they have done so.”
Judge Matthews concluded he was “satisfied” that the court should approve the proposal and that the trustees have the power to do what they propose.
Poundstretcher restructuring plan needed to avoid administration, court told
Reform plans ‘threaten maternity leave and job security for 500,000 pregnant women’
Mining giant loses bid to appeal deadly dam collapse ruling
New species named in honour of Sir David Attenborough’s 100th birthday
Mapped: Countries affected by cruise ship Hantavirus outbreak that has killed three
