Q&As

A trust deed includes an express power for the settlor to appoint trustees. Does this power enable the settlor to appoint a trustee in their Will that will come into effect on their death?

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Published on LexisPSL on 29/10/2019

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

  • A trust deed includes an express power for the settlor to appoint trustees. Does this power enable the settlor to appoint a trustee in their Will that will come into effect on their death?

The power to appoint trustees is contained in section 36 of the Trustee Act 1925 (TA 1925), which provides that:

  1. the person with the power to appoint new trustees is the person specified in the trust instrument, or

  2. the trustees

Per Re Sheppard's Settlement Trusts Trusts [1888] WN 234 (not reported by LexisNexis®), the statutor

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