Settlor created a Trust in 1986 with wife and son as beneficiaries. No inclusion of grandchildren or any further beneficiaries. Only trust asset is a flat.
Wife is now deceased and Trustees wish to appoint adult children of the son as beneficiaries. The Trust is silent on appointing new beneficiaries.
If the sole remaining beneficiary consents can his children be added as beneficiaries to the Trust?
You do not say what kind of trust this is which is critically important not least because it was created in 1986 before the 2006 reforms.
A beneficiary can only be added if the trustees have a power in the trust instrument. It sounds like the trust may have even ended if the son is the only remaining beneficiary. So much depends on whether his interest is now indefeasible and if not why not.
Jack Harper