The High Court has granted the Marquess of Bath permission to potentially include his second son, Henry, who was born via surrogate in the United States, among the beneficiaries of the £200 million Longleat estate in Wiltshire.
Background of the Case
Ceawlin Thynn, the 8th Marquess of Bath, and his wife, Marchioness Emma Thynn, have two young children: John, born in 2014, and Henry, born in 2016. Henry is genetically their child but was carried by a surrogate mother in America after the Marchioness suffered serious health issues during her first pregnancy. She became the first member of the British aristocracy to have a child via surrogacy.
The couple sought the High Court's "blessing" to allow Henry to potentially inherit a share of three family trusts, due to "uncertainty" over whether he qualifies as a beneficiary given the circumstances of his birth.
Court Ruling
In a ruling published on Thursday, Judge Paul Matthews stated: "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 noted that at this stage, the trustees only sought the power to add Henry as a beneficiary, but not to exercise it yet, in order to avoid potential US tax complications, as Henry was born in America to an American surrogate mother. A decision can be made later, with appropriate advice.
Judge Matthews added that Henry Legge KC, representing the trustees, argued that Henry could reasonably expect to inherit after his elder brother, "in the same way as any future legitimate naturally born sibling," and could take priority over any later-born siblings. The judge concluded he was "satisfied" that the court should approve the proposal, allowing the trustees to proceed.
