Deed of Appointment to wind up trust under Saunders v Vautier?

Trusts Discussion
1

I am dealing with an estate where wife (W) left her property on a LIfe Interest Trust (LIT) to her husband (H), residue to H absolutely. The remaindermen of the LIT are their 2 daughters (Ds) at the age of 25 (both are over 25). There is no overriding power.

If H and Ds wish to wind up the Trust under Saunders v Vautier, I understand that they need to direct the Trustees (H and his brother-in-law) to do so. Presumably this can be done by way of a letter to the Trustees? Am I correct in saying that the Trustees then need to complete a Deed of Appointment, to be signed by all parties, making reference to the directions received from the beneficiaries under Saunders v Vautier?

Many thanks in advance for your help.

2

The suggested procedure is correct. A Deed of Appointment will be necessary if the trust instrument prescribes it but some permit writing only, either expressly or by being silent.

The general law may require a deed, e.g. a legal interest in land, or writing, e.g. an equitable interest or thing in action, or a particular form, like a share transfer or assignment of IP or delivery of chattels (ideally evidenced in writing).

Jack Harper

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