A client of mine is uncomfortable retaining cl 6 of the STEP Provisions, cl. 18 of the Special Provisions. Although I have advised this is only a power and his Trustees (his wife (not the mother of his children), his mother and father in law), do not have to use it, he would like it removing.
Can I retain the STEP Provision clause in the Will but state the said clauses do not apply?
Karl Taylor
Graysons Solicitors
Of course you can. You’d put in something like “the STEP etc provisions shall apply with the exception of Provision 6 and Special Provision 18”.
Julian Cohen
Aren’t these provisions to do with how Trustees obtain receipts for payments made for the benefit of minor beneficiaries on the exercise either of specific powers in the Will or of the statutory provisions of s31 and s32 Trustee Act? If you do bar their application you will undoubtedly be limiting the Trustees’ ability to deal with income and capital held for a minor beneficiary flexibly.
Graeme Lindop
Coles Miller Solicitors LLP
The special provisions are individual provisions and it’s not a case of including all or none of them.
Whilst the “routine” standard provisions are generally intended to be included as a “job lot”, they are not “one size fits all” and individual provisions may be omitted as and when circumstances dictate. As intending testators should be informed of the effect of inclusion of the STEP Standard Provisions in their will, if any are to be omitted they should also be apprised of the implications of such omission.
Paul Saunders