Marquess of Bath wins High Court bid over surrogate-born son’s right to inherit part of Longleat estate
The High Court has allowed the Marquess of Bath’s son, born to a surrogate mother in America, to be potentially added to the beneficiaries.
Ceawlin Thynn, the 8th Marquess of Bath, owns the £200 million Longleat mansion in Wiltshire.
He and his wife, Marchioness Emma Thynn, have two young children: John, born in 2014, and Henry, born in 2016.
Henry, who is genetically the couple’s child, was born to a surrogate mother in the United States after the Viscountess suffered serious health problems during her first pregnancy. She was the first member of the British aristocracy to have a child through surrogacy.
The couple sought the Supreme Court’s “grace” to allow Henry to possibly receive a share of the three family trusts, due to “uncertainty” as to whether he fell into the class of beneficiaries by the nature of his birth.
In the judgment published on Thursday, Judge Paul Matthews said: “The first defendant [Lord Bath] and his wife considers it unfair and unfortunate that their second son and his descendants should be deprived of assistance.”
He added that at this stage the trustees only wanted the power to add Henry as a beneficiary, but had not yet exercised that power.
The judge, sitting in Bristol, said: “This is to avoid any problems with US taxes as he was born in America to an American surrogate mother.
“Then, in the light of appropriate advice, a decision can be made at a later stage whether to exercise the power to add it.”
Judge Matthews added that at an earlier hearing Henry Legge KC, representing the trustees, had said Henry could reasonably expect to receive his older brother’s inheritance “like any future legitimate born sibling”.
He continued: “He could also reasonably expect to receive priority over later-born siblings.
“Still, a certain amount of equality can be achieved.
“The first defendant [Lord Bath] I would like this to be done.
“The current proposed progress for new trusts will achieve this aim and provide a financial benefit to the first defendant, who, as the father of both boys, will not have to provide assistance from his own resources for Henry.
“Mr Legge says the trustees were absolutely entitled to form that opinion and they did so.”
Judge Matthews concluded that the court should have approved the proposal and that he was “satisfied” that the trustees had the authority to do what they recommended.
