Varying a deed of appointment

Trusts Discussion
1

Simple question, I hope…..Testator left his estate on discretionary trusts for his children and grandchildren. By a deed of appointment my client (his daughter) received 1/3 share of the estate. She has received the cash but now wants to give it to her children.

Do the trustees of the discretionary trust make a revised Deed of Appointment, or does my client do a standard Deed of Variation which a) recites what has happened and b) redirects her share to her children?

We are well within 2 years since death. Thank you!

2

I believe your client can execute a Deed of Variation - see IHTM35085.

Ihsan Ali
I Will Solicitors Ltd

3

Yes, agree with Ihsan – use a deed of variation.

Unless the appointment to the daughter was revocable, the trustees have no standing to redirect the monies paid to her.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

4

Hi Ishan

Thank you for that - good to know

5

Thank you – makes sense