The High Court has ruled that the son of the Marquess of Bath, born via surrogate in the United States, can be potentially added as a beneficiary to family trusts, securing his inheritance rights.
Ceawlin Thynn, the 8th Marquess of Bath, owner of the £200 million Longleat estate in Wiltshire, and his wife Marchioness Emma Thynn have two children: John, born in 2014, and Henry, born in 2016 via a surrogate mother in the US after the Marchioness suffered serious health issues during her first pregnancy.
The couple sought the court's blessing for Henry to inherit from three family trusts due to uncertainty over whether he qualifies as a beneficiary given his birth via surrogacy. Judge Paul Matthews approved the proposal, stating that the trustees now have the power to add Henry as a beneficiary, though they have yet to exercise it.
The judge noted that delaying the decision avoids complications with US tax law, as Henry was born in America. He added that Henry could reasonably expect to inherit after his elder brother, similar to any legitimate natural-born sibling.
Judge Matthews concluded he was satisfied the court should approve the proposal, allowing the trustees to proceed. The ruling ensures that Henry may eventually benefit from the trusts, alleviating the Marquess's need to provide for him from personal resources.
