Variation of Beneficial Interests (Ending a Trust) - The Variation of Trusts Act 1958
7 important questions on Variation of Beneficial Interests (Ending a Trust) - The Variation of Trusts Act 1958
If it is not possible to end the trust using Saunder v Vautier, what can the beneficiaries consider?
When it is not possible for all beneficiaries to agree on a variation of the trust because one of the beneficiaries is underaged, what can the court do under section 1(1)(a) of the Variation of Trusts Act 1958? What happens if the beneficiaries are not born yet under section 1(1)(1)(c)?
Is it necessary for the variation to benefit the beneficiary(ies) and if so what examples can you give? What are the relevant sections of the Variation of Trusts Act 1925? What are the main authorities?
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Will the court approve a complete restructuring of the trust? What is the main authority?
Does it matter if the variation is contrary to the settlor's intentions? What is the authority for this?
If a beneficiary who is capable of consenting does not consent, does the court have the power to consent on their behalf? What is the main authority?
What happens in a situation where the next in kin dies before the life tenant? Which section of the Variation of Trusts Act 1958 is relevant?
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