Pecuniary Legacy to an existing Trust

I have, what I think, is a simple query.

I have a client who has recently established some lifetime Trusts (held as Bonds) for her grandchildren. She wishes to leave pecuniary legacies in her Will to these existing Trust Funds.

Would this be drafted as simply as: “I give the sum of £xxx to THE JOHN SMITH TRUST (Bond number 12345678) absolutely”

I cannot find a precedent to match this requirement.

Thanks in advance!

As a trust has no legal personality, a legacy should normally be given to the trustees.

I would give the legacy to the trustees by name, e.g. John Smith and Layla Smith “to be held upon the trusts of the John Smith Trust (Bond no. 12345678)”.

Alternatively, the gift might be to “the trustees for the time being of the John Smith Trust (Bond no. 12345678) as an accretion to, and to be held upon the trusts of, the John Smith Trust (Bond no. 12345678)”.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

I appreciate your help, Paul. Thank you for your kind assistance.