I’m dealing with an estate whereby the only asset in the estate is a property which is the subject of a declaration of trust giving a step grandchild the whole of the beneficial interest. There are no other assets in the estate. There is a grandchild of the whole blood who would be entitled to make the application for the grant but has not done so and is refusing to do so. Is it possible for step grandchild to make the application as being the person entitled to a beneficial property in the estate? Any practical guidance around the best course of action in these circumstances would be very much appreciated.
As the deceased was holding the property as trustee, it seems to me that an application to court may be required, either for the appointment of a replacement trustee, or to vest the legal title in the step-grandchild.
I do not believe this situation is addressed in the NCPR 1987.
Another alternative may be to apply to overreach the grandchild of the whole blood, but that probably just adds another step and layer of costs.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
1 Like
I would have thought a vesting order under s.44 TA 1925 would be the proper solution. The situation matches that in case (v) of the section.
In the alternative, your client could be appointed trustee under s.41 - albeit that would be a little odd if they are also absolutely entitled.
I imagine the order could be granted by a Master - but it’s up to them whether to require a hearing.