Can Settlor vary dispositive powers during their lifetime?

Trusts Discussion
1

I have a trust - in essense, it is a discretionary trust on the death of the Settlor. However, the trust deed expressly state who are the ultimate beneficiaries and how it is to be distributed under the default clause.

Under the clause it states, 50% to go to Settlor’s Son A. If he dies, it goes to his wife; then, to the wife’s issue. If not, it will go to Son A’s children (and issue)

Now, Son A died and the Settlor effectively wants to remove the wife as a beneficiary. There is no express power to remove beneficiaries in the trust deed (only to add beneficiaries)

My question - can Settlor do a Deed of Amendment to vary the power so he can also remove beneficiaries?

FYI, The trust is irrevocable; I was taught that this only means on how the trust assets are treated i.e., Settlor cannot take back the asset.

2

No. A trust is not like a contract. If a Settlor had such a power in the trust document the trust would probably be held to give him beneficial ownership of the purported trust fund.

Jack Harper

3

If these are the default beneficiaries can the trustees not use their own powers to make an appointment on almost identical trusts cutting her out? This can usually be done in principle without incurring tax charges.

Jack Harper