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Trust Law Question

Trust Law Question

Postby InNeedOfHelp » Thu Jun 26, 2014 11:58 am

Hi All

First post, sorry to jump in like that but I only found you as I was looking for an answer to it!

My question is where a Will sets up a Trust and states that the Trust be held until beneficiaries reach the age of 25, can the beneficiaries apply to have that this changed. ie: Where they are both 18 can they apply to realise or complete(not sure or correct term?) the Trust. I thought that it would have to be 25 as there is no suggestion of any issue with the Will of the deceased's capacity etc.

Any advice and assistance would be very gratefully received, thank you for reading.

INOH
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Re: Trust Law Question

Postby dls » Sat Jun 28, 2014 6:54 am

In effect, yes. There may be technical parts and issues to this which can upset the possibility, but generally they have that right. It does not work by changing the terms of the trust.
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Re: Trust Law Question

Postby theycantdothat » Sat Jun 28, 2014 10:11 am

You may find the following helpful: http://www.lawskills.co.uk/articles/201 ... -legacies/
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Re: Trust Law Question

Postby dls » Sun Jun 29, 2014 6:09 am

Yes, technical issues.

Another answer. The policy is that if you want to give somebody something just do it, and keep it as simple as possible, and that if it is to be age dependent, that age should normally be 18. Whilst not at all making it impossible, the law sets up hurdles of differing complexity and height, the moment you try to depart from the policy.

As is implied by TCDT - the exact words used make all the difference.
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Re: Trust Law Question

Postby InNeedOfHelp » Mon Jun 30, 2014 1:38 pm

Thank you for your answers, in hindsight it was silly of me not to post the wording as it is.

This is the excerpt from the will, if that assists:

'I give all the residue of my estate and the property over which I have at my death any general power or appointment to my trustees on trust to sell call in and convert into money such parts as do not consist of money but with full power to postpone doing so for as long as they see fit without being liable for loss (and such estate and property and the property it currently represents it is referred to in this will as "the Trust Fund") and to hold the Trust Fund on Trust absolutely for such of them (name) and (name)both of (address) as shall survive me and attain the age of twenty five (25years) and if more than one in equal shares.'
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Re: Trust Law Question

Postby atticus » Mon Jun 30, 2014 1:49 pm

That gives you a problem: what if a child now alive does not survive to the age of 25? This problem was identified in the link you have been given.
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Re: Trust Law Question

Postby InNeedOfHelp » Mon Jun 30, 2014 4:20 pm

atticus wrote:That gives you a problem: what if a child now alive does not survive to the age of 25? This problem was identified in the link you have been given.


Would that be a matter to concern the Court at this stage?
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Re: Trust Law Question

Postby atticus » Mon Jun 30, 2014 4:21 pm

Probably at any stage; indeed every stage.
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Re: Trust Law Question

Postby InNeedOfHelp » Tue Jul 01, 2014 8:34 am

Would the Court not firstly concern themselves with whether the Trust should run until the beneficiaries attain the age of 25? This is my initial concern and that of the beneficiaries who want to realise the Trust(not sure if that is the correct term).
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Re: Trust Law Question

Postby theycantdothat » Tue Jul 01, 2014 2:47 pm

The point is that if both beneficiaries fail to attain 25 then someone else will be entitled to the funds.
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