Q&As

A person (A) murders their parent. A is a co-trustee of (with one other) and also within the class of potential beneficiaries under the parent's discretionary family trust. Perhaps unsurprisingly, A's co-trustee (sibling) is not minded to make an appointment to A under the family trust in light of A’s criminal conduct (notwithstanding that the side letter with the trust document suggests that A should be the main beneficiary). The trust document requires unanimity between the trustees. If the trustees cannot agree as to how to appoint out of the trust, what type of application must one of them make, can the court foist a particular distribution on the trustees, and if so what factors will it take into account?

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Published by a UUÂãÁÄÖ±²¥ Private Client expert
Published on: 10 August 2022
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This Q&A assumes that there is no express term in the trust instrument which gives a specified person the power to appoint new or replacement trustees.

A trustee may be replaced in exercise of the trustees' power in section 36 of the Trustee Act 1925 (TA 1925) where one of the circumstances set out in TA 1925, s 36 are satisfied.

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United Kingdom
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