Adding to a trust's administrative provisions

I am instructed in relation to a trust established to benefit several minor beneficiaries.

The trust deed states that the power to appoint new trustees vests in the Settlor during the trust period. The Settlors no longer wish to be involved in the ongoing administration of the trust and would like to vest this authority in the trustees (who are different to the Settlors).

The trust deed gives the trustees the authority to amend or add to the administrative provisions of the Trust. The deed is drafted so that there is a seperate part headed as “Part 2- Administrative Provisions”. The Settlor’s authority is in an earlier part of the deed.

Can the settlors and trustees add to the administrative provisions to include the power for the trustees to appoint new trustees going forward?

Ashley Minott
Allan Janes LLP

Whilst the trust instrument enables the trustees to amend the administrative provisions, subject to there being no further provision within the trust instrument I would have thought the most straightforward way of dealing with the issue would be for the settlor(s) to release the power of appointment, which should then fall to the trustees under the statutory provisions of s.36 Trustee Act 1925.

Paul Saunders

My reading of s. 36(1) Trustee Act 1925 suggests to me that if the settlors renounce their power it will vest in the trustees. That might not be so open to question as what you are suggesting.

Paul Davies
Clarke Willmott LLP

I have a similar situation of a settlor who no longer wishes to exercise their power to appoint trustees - can anyone point me in the direction of a suitable precedent for the Settlor to release this power please?

Thank you
Alison Elwess
Adie Pepperdine Ltd