Q&As

A property is owned by tenants-in-common. The husband has died and the Will gives the wife a life interest in the property. On her death it falls into residue which is a discretionary trust for the benefit of wife, deceased's daughter and one other person. Is it possible to do a Deed of Appointment to pass the half share of the property directly to the wife now?

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Published on LexisPSL on 06/11/2020

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A property is owned by tenants-in-common. The husband has died and the Will gives the wife a life interest in the property. On her death it falls into residue which is a discretionary trust for the benefit of wife, deceased's daughter and one other person. Is it possible to do a Deed of Appointment to pass the half share of the property directly to the wife now?

The answer to the question depends on the precise terms of the Will. We understand that there is an interest in possession for the testator's widow, with remainder to be held on discretionary trusts, which include the widow within the class of discretionary beneficiaries, but we are not told whether there is a an overriding power of appointment over the funds held on life interest trusts.

If there is a power of appointment over the funds held on life interest trusts and if the widow is an object or one of the objects of such a power, the trustees could exercise

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