The recent news that Lord Bath’s surrogate-born son can now benefit from the Longleat Estate has recently captured public attention and this is not just because of the family involved, but because of what it reveals about the evolving landscape of family structures, succession, and trust law.
Lord Bath’s second son was born via surrogacy, an increasingly common route for families across the UK for a variety of reasons. Yet, despite surrogacy being legally recognised, many older trust deeds and estate structures were drafted long before such family building methods were contemplated. As a result, questions can arise about whether a child born through surrogacy is included within the definition of “issue”, “children”, or “descendants” for the purposes of benefiting from a family trust.
In the Longleat case, the trustees and advisers ultimately confirmed that the surrogate-born child is eligible to benefit! But the fact this required careful legal consideration highlights a much broader point: traditional trust structures are being tested by modern family realities.
Why does this matter for families today?
Because many high-value trusts, family settlements, and dynastic structures were drafted decades ago. Their language often reflects historical social norms, rather than the diverse and complex ways families are formed today.
This can create uncertainty around:
- Children born via surrogacy
- Children conceived through IVF or donor conception
- Stepchildren or blended families
- Adopted children where definitions are outdated
- Non-marital children excluded by old-fashioned wording
When the trust deed is unclear, trustees may face difficult decisions, beneficiaries may feel excluded, and families can find themselves navigating emotionally charged disputes at the worst possible time.
The Longleat case example shows that even the most established families are not immune. As society evolves, trusts that once seemed watertight may now require review, amendment, or modernisation to ensure they still reflect the family’s intentions.
Why is proactive planning essential?
Because waiting until a child is born or until a dispute arises is often too late! By that point, trustees may be constrained by the original wording of the trust, and families may need to rely on court applications or complex legal arguments to achieve what could have been resolved with a simple deed of variation or updated drafting.
Proactive steps can include:
- Reviewing the definitions of beneficiaries in existing trusts
- Updating trust deeds to reflect modern family structures
- Ensuring letters of wishes are current and aligned with the settlor’s intentions
- Considering whether new trusts should be drafted with inclusive, future-proof language
- Advising trustees on their duties and discretions when family circumstances change
How can Clarke Willmott help?
At Clarke Willmott, our private capital team works with families, trustees, and family offices to ensure that trust structures remain robust, inclusive, and fit for purpose in a rapidly changing world. We advise on:
- Reviewing and modernising existing trust deeds
- Succession planning for complex or blended families
- Trustee duties and risk management
- Resolving disputes where beneficiary status is unclear
The Longleat case is a reminder that family life evolves, and trusts must evolve with it. Ensuring your structures reflect your intentions today can prevent uncertainty, conflict, and costly litigation tomorrow.
If you’d like a tailored review of your family trust arrangements, our team at Clarke Willmott is ready to help.