Termination of trusts

Termination of trusts—methods of termination

An express trust, after it has become operative, may come to an end in a number of ways, for example:

•
the settlor may exercise a power of revocation or a power of appointment reserved to them in the trust instrument
•
it may be set aside under the provisions relating to the avoidance of transactions at an undervalue or to dispositions in fraud of creditors, on the ground that the disposition was induced by fraud, duress, undue influence or mistake
•
in the case of matrimonial proceedings or proceedings on the dissolution of a registered civil partnership, the court has power to:
1. ◦
  adjust interests in settlements
2. ◦
  set aside a disposition intended to defeat a claim for financial relief in such proceedings
3. ◦
  set aside a settlement made in compliance with a property adjustment order in matrimonial proceedings where this would amount to a transaction at an undervalue in an insolvency
•
the passage of time
•
due to rules of construction: the rule in Andrews v Partington [1775-1802] All ER Rep 209; the rule in Lassence v Tierney [1843-60]

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