Q&As

Can a life interest be terminated by actions only rather than by deed?

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Published on LexisPSL on 12/04/2017

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

  • Can a life interest be terminated by actions only rather than by deed?
  • Can a life interest be terminated by actions only rather than by a deed, eg life tenant not taking income?
  • With a life interest trust with overriding powers, can the trustees exercise the power of appointment to a discretionary trust after the death of the life tenant?

Can a life interest be terminated by actions only rather than by deed?

Can a life interest be terminated by actions only rather than by a deed, eg life tenant not taking income?

For the purposes of this Q&A it is assumed that the life interest is not a ‘flexible life interest’.

An express trust, after it has become operative, may come to an end in a number of ways, for example by action taken by the trustees, the settlor, the beneficiaries or a third party. The action may be by virtue of a power conferred by the trust instrument or it may require an application to the court.

A trust may be determined by the action of a beneficiary

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