Variation of trusts

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Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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26th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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Produced in partnership with Mark Lindley of Boodle Hatfield LLP 26th Oct
Practice notes
FORTHCOMING CHANGE: The Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987, SI 1987/2024 with...
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13th Oct
Practice notes
CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...
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9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Practice notes
Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...
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26th Sep
Practice notes
Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
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26th Sep
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
26th Sep
Practice notes
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...
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26th Sep
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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26th Sep
Practice notes
The rights of a person appointed executor by a Will cease if they:•die without having taken out probate•fail to appear on being cited to take out...
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26th Sep
Practice notes
The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...
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26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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25th Sep
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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25th Sep

Most recent Variation of trusts content

Practice notes
The Variation of Trusts Act 1958 (VTA 1958) gives the court the jurisdiction to approve variations to the terms of a trust on behalf of beneficiaries...
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25th Sep
Practice notes
Variation of trustsIt is open to any settlor to impose such trusts and confer such powers and discretions as they see fit. Consequently, the general...
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26th Sep
Practice notes
Variation of trustsAs a general rule trustees are bound to carry out the settlor's wishes. However, circumstances may arise where a variation is...
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26th Sep
Q&As
Full question: 'In a potential 1975 Inheritance Act claim, the deceased largely left his estate to his minor grandchildren omitting his wife from whom...
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28th Sep
Q&As
For the purposes of the Q&A, we have assumed the life interest trust was established by Will. We have also assumed that the remainderman has a vested...
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28th Sep
Q&As
In Bernstein v Jacobson, the court confirmed that an estate that is still being administered may be varied under the Variation of Trusts Act 1958 (VTA...
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Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
Remainders are either vested or contingent, according to whether they are or are not ready for the time being to take effect in possession in the...
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28th Sep
Q&As
See Practice Note: Creation of trusts—discretionary trusts for information on the nature of a discretionary trust.Under a discretionary trust, the...
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28th Sep
Q&As
Disclaimer by the life tenantThis Q&A envisages that the life tenant has already validly disclaimed their life interest. The consequences of a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
The Practice Note: Termination of trusts—methods of termination explains that, where an express trust is completely constituted, it is generally...
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Produced in partnership with Graham Stott of gunnercooke LLP 28th Sep
Q&As
Full question: Can a trust deed be varied by deed of variation to amend the date if a party mistakenly signed it and dated it on exchange instead of...
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28th Sep
Q&As
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...
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28th Sep
Q&As
A discretionary trust would usually include wide powers for the trustees to appoint that funds or assets are held on such terms as the trustees think...
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28th Sep
Q&As
A legatee can alter the effect of a Will by passing on to someone else any property which the operation of a Will gives to him.For the general rules...
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28th Sep
Q&As
In answering this Q&A, we have assumed that this is an express power set out in the discretionary trust deed itself. In that case, the method of...
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28th Sep
Q&As
No information has been provided about the detailed trust terms or the intended change to the terms of the trust (for example whether it is a change...
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28th Sep

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