I have a client who would like to bring an end to a discretionary trust set up in their late spouse’s will. The spouse had dementia and their pre 2006 will was not changed. They do not have more than the combined NRB between them. They would like to do a deed of variation to just negate the trust entirely and I think this is possible except one potential beneficiary has died. The class is closed and all other potential beneficiaries are alive and willing to sign a DOV. Can anyone offer any other perspectives on whether this is the best way to go about it please?
St Helens Law