Unwilling trustees

Under the terms of her Will, the deceased left a share of her estate to ‘my great grandson ABC if he attains the age of 18’. My understanding is that this is a contingent gift.

The great grandson is 6 and lives with his mother in the Netherlands. The amount of money to be held for the great grandson is less than £30,000.

The trustees would prefer to pay the monies to the child’s mother rather than hold them until the child is 18. I do not see that they have the power to do so even though the Will incorporates the STEP Standard Provisions and Special Provision 18, but would be happy to be wrong.

Would it be possible for them to retire as trustees, appointing the child’s mother and another willing trustee, or does the fact that the mother is non-domiciled create even more issues?

Many thanks
Sarah Bushell
Jobling Gowler Law Ltd