appointing out from a NRBDT into a FLIT

(Claire) #1

I am administering the estate of H who recently died and who had a NRBDT in his will. W and adult children wish to vary the will by appointing out of the trust and instead place his half share of the matrimonial home into a FLIT for the purposes of reading back.

Can members provide any advice as to what precedents they would use for such a document, as I am unsure if this is done in either the Deed of Appointment or in a Deed of Variation (or both!)

Is there anything else that I should be wary about or should look out for when doing this?

Many thanks for your advice.

Claire Carr
Rexton Law LLP

(stuart.adams) #2

Assuming that the NRBDT is flexible drawn, you should be able to arrive at the solution via an appointment on the desired terms.

Stuart Adams
Mishcon de Reya LLP