Modern Families, Historic Trusts

Modern Families, Historic Trusts | Thursday 25 June 2026 | 3 min read

When Emma Thynn, Marchioness of Bath, appeared on Strictly Come Dancing in 2019, she became a familiar face to millions. But more recently, her family has been at the centre of an important legal question—one that many modern families may find surprisingly relevant.

Emma and her husband, Ceawlin Thynn, the 8th Marquess of Bath, have two sons, John and Henry. Following serious health complications during Emma’s first pregnancy, the couple welcomed their second child, Henry, through surrogacy in the United States. Genetically, their child, Henry, was later recognised in England and Wales as their legal son through a parental order.

So far, this reflects a growing trend: families formed in different ways, supported by advances in medical science and legal recognition. However, the legal landscape does not always evolve at the same pace.

The issue arose when the family looked to the future—specifically, whether Henry could benefit from longstanding family trusts. These trusts were drafted using language rooted in pre‑1970 common law, referring to “children”, “grandchildren”, and “issue”, with phrases such as “heirs of the body”. At the time these trusts were created, concepts such as surrogacy simply did not exist in law.

This left an uncomfortable grey area: did those historic definitions automatically include a child born via modern surrogacy arrangements?

Rather than leave matters uncertain, the trustees sought guidance from the High Court. Importantly, they were not asking the Court to give Henry access to the trusts immediately. Instead, they wanted clarity—and the flexibility—to include him as a beneficiary in future if appropriate.

There was a further layer of complexity. Because Henry was born in the United States to an American surrogate, any decision could carry potential tax implications overseas. In other words, even a seemingly straightforward question of “who counts as a beneficiary?” can quickly become multi-jurisdictional and highly technical.

Why this matters for families and trustees

While this case involves a high-profile family, the underlying issue is far from rare. Many trust structures currently in place were drafted decades ago, using language that may not reflect today’s realities. Families are increasingly shaped by surrogacy, donor conception, blended relationships, and international connections.

Trusts should not be treated as static documents. They require periodic review to ensure they continue to reflect both the family’s intentions and the modern legal landscape.

Taking advice early can help avoid uncertainty, reduce risk, and ensure that all children—however they are born—are properly protected.

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  Anne
  Stockley Associate Solicitor
  Wills, Trusts, & Probate Team

  • Phone 01727 798 041
  • Email anne.stockley@salaw.com