Ending Trust before beneficiary reaches 30

Trusts Discussion
1

I have received an enquiry from a client who is an executor and trustee of a Will. The Will states

the residuary estate…

  1. For my daughter xxx upon her attaining the age of 30 years
  2. provided that if said daughter dies or gift fails for any other reason then my Trustees shall hold residuary estate for xxx

Daughter is 29 years old and trustees wish to end trust and give to her now before she is 30. Can this be done and by what authority? Can this be done under S32 even if deceased died prior to 2014 (ie only half can be advanced)

Thanks in advance.

2

Section 32 could be used, but if the old s.32 applies then only up to half. I assume there is no prior life or other interest? Or Saunders v Vautier could apply if both daughter and the default beneficiary consent. But what’s the rush?

Alexander Learmonth QC
New Square Chambers