Quick question. I have a poorly drafted will containing a discretionary trust. It does not say appointments by trustees must be by trustees at least two in number. Nor does it have any clauses to permit self dealing. It does not incorporate the Step Standard Provisions nor any other clauses relating to trustees powers other than a standard power of investment clause.
I have a sole trustee A who is also a beneficiary of the discretionary trust. Can he appoint to himself? Can he appoint a co-trustee and then appoint to himself ? Or does he have to completely retire appointing two new trustees who can then appoint the funds to him?
I am struggling to find a definitive answer.
Horwood and James