NRB Discretionary Trust charge scheme - trustees and executors

I am advising on the administration of an estate where the Will has a NRB DT. It is already more than 2 years since death so the trust needs to be carried out, and the chief asset is the marital home. I plan to use the charge scheme to fund the trust, but in the Will the executors and the trustees of the DT are the same two people (neither of them are the surviving spouse). From my reading, it seems there are some problems with the deed of charge being between the same 2 people, even in 2 different capacities. Is there any way around this issue?

Benjamin May
Patron Law

You can create a charge between 2 executors and 1 trustee where the 1 is the nominee for both of them. As long as the legal parties are not identical, I believe this is fine. You can also appoint an additional trustee to make it 2:3.

Andrew Goodman
Osborne Clarke LLP

Appoint a third trustee

Simon Northcott