A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Under common law, a surrogate-born child may not be ‘legitimate’ for trust purposes. Despite being biologically related, the Marquess of Bath’s younger son—born via US surrogacy—faces uncertainty because legal parentage at birth rests with the surrogate until a parental order is made.
The case highlights a ‘window of vulnerability’ before a parental order is granted, when inheritance rights may be unclear. Coyle urges families to review wills, scrutinise outdated trust deeds and secure specialist tax advice to protect children’s legal and financial futures.
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