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13 March 2026 / Charlotte Coyle
Issue: 8153 / Categories: Features , Family , Child law , Wills & Probate
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Surrogacy & Succession

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Charlotte Coyle sets out what modern families & practitioners need to know after Cator v Thynn
  • Cator v Thynn has important implications for those building families through assisted reproduction, international surrogacy and those operating within long‑established trust structures.
  • It highlights that a child’s legal status at birth and the timing of a parental order can directly affect their inheritance rights.

The recent High Court judgment in Cator and others v Thynn Marquess of Bath and another [2026] EWHC 209 (Ch) has drawn national attention, as it not only concerns the prominent Longleat estate, but it has important implications for modern families, particularly those building families through assisted reproduction, international surrogacy and, in particular, those operating within long‑established trust structures.

This recent ruling examines a reality that many parents are unaware of, which is that a child’s legal status at birth and the timing of a parental order can directly affect their inheritance rights.

The case

In Cator v Thynn, the High Court considered procedural issues arising from

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Foot Anstey—Jasmine Olomolaiye

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NEWS
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’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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