I have a trust file whereby some years ago a Deed of Appointment was drawn up appointing one beneficiary’s share of the trust fund out to them. The deed is drafted as though the beneficiary’s entire share of the trust fund is to be appointed out. However, the schedule referred to does not include one of the assets held in the trust.
Does the actual appointment in the deed override the schedule so that the omitted asset was appointed out to the beneficiary? Or is that asset still held within the trust?
There are no notes on the intention or discussion around this, but we cannot see why this asset would not have been included in the deed of appointment and presume it was a mistake.
Thank you for any insight anyone can offer!