Q&As

What is the procedure to apply to the court to vary the terms of the trust?

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Published on LexisPSL on 28/06/2017

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

  • What is the procedure to apply to the court to vary the terms of the trust?

What is the procedure to apply to the court to vary the terms of the trust?

Under the Variation of Trusts Act 1958 (VTA 1958), the court may by order approve any arrangement:

'Where property, whether real or personal, is held on trusts arising, whether before or after the passing of this Act, under any will, settlement or other disposition'.

The court may approve an arrangement on behalf of:

  1. minors or persons otherwise lacking capacity

  2. unascertained persons

  3. unborns

  4. discretionary beneficiaries under protective trusts

Except in the case of discretionary beneficiaries under protective trusts, the court may only approve an arrangement if it 'would be for the benefit of that person'. The courts have construed benefit widely such that it may be a financial, moral or even social benefit.

An application to the court under VTA 1958, s 1 for the variation of the terms of a trust should be begun using the Part 8 procedure. See Precedent: Part 8 claim form for

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