No Trustee appointed in Will for Life Interest Trust

Trusts Discussion
1

I have a Will where Executors are appointed by no Trustees and a life interest trust is created.
Is it possible for the Executors to act or appoint Trustees or do they just assume the responsibility?
Many thanks for any help

2

Hello,

The general view is based on case law rather than legislation. The executor holds the estate on trust (so therefore is deemed a trustee).

Appointing a new trustee is covered in Re Smith where the beneficary was an infant.

See: Re Ponder 1921note it was an intestate estate.

Richard C. Bishop

3

Thank you for your reply Richard.

I am having trouble finding the wording for the Re Smith case, would you be able to direct me further?

4

Its Re Smith (1880) 42 Ch D 302

Excellent overview of the caselaw here -

Richard C. Bishop

5

Many thanks Richard, it is much appreciated

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