A note on MCP Pension Trustees Ltd v Aon Pension Trustees
Ltd [2010] EWCA Civ 377
A trustee is under a strict obligation to distribute the trust
assets in accordance with the trust. In many cases this is simple,
as where one person is entitled to the distribution. In other
cases, as where the trust requires a distribution among a class
comprising many persons, it can be complicated to ensure that each
person in the class is identified and provided for. Winding up an
occupational pension scheme is one example, another example is a
trust to distribute to the grandchildren of a particular person. In
each case the problem is to ensure that all the members of the
class are identified; for if not, and the trustee overlooks a
beneficiary, it will (in principle) be liable to compensate the
overlooked beneficiary. One way to control this risk is by
advertising, but this did not succeed in the MCP case, and
in the Isle of Man may not be available in relation to trusts which
do
