Do you need separate deeds of appointment for each trust in the Will

Trusts Discussion
1

I am dealing with an estate where the Will which contains two discretionary trusts: a NRBDT and a discretionary trust of the residue. We are within two years of the date of death and the trustees wish to appoint out both trusts to create one flexible life interest trust in favour of the surviving spouse.

Is it possible to change the two trusts into one new trust using one deed of appointment?

Many thanks

2

It probably can be done with some careful drafting, but I would personally make the drafting easier and prepare one deed appointing the NRBDT into the DT of residue and then a second deed giving the surviving spouse a life interest in the residue.

Ihsan Ali
I Will Solicitors