Is it possible to appoint out of a trust by using a deed of appointment to a deceased estate?
e.g. if the beneficiary who was intended to receive the entire trust fund absolutely, pre-deceases just before the deed is executed, (1) is the deed void if it is subsequently executed, and purportedly appoints out to the said beneficiary’s estate, or (2) is it valid and therefore permits the appointment out of the estate? Expressed another way, do appointments out have to be to live beneficiaries? The Will is silent on post death beneficial appointments.
All help would be greatly appreciated! Thank you…