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Last updateTue, 24 Feb 2015 5pm

VARIATION: Keeping up-to-date

12 May 2017  

Mary Ashley looks at modernising trusts through variation

Once a trust is created, the trustees are effectively bound by the terms of it. At times, this can mean that trustees must obey outdated directions of a trust instrument which can lead to uncertainty, inflexibility and the potential for the trust to be brought to a premature end.

Additional Info

  • Case(s) Referenced:

    Allfrey v Allfrey & ors [2015] WTLR 1117 ChD

    Chapman v Chapman [1954] UKHL 1

    Pemberton v Pemberton & ors [2016] WTLR 1817 ChD

    Re T’s Settlement Trusts [1964] Ch 158

    In re Weston’s Settlements [1969] 1 Ch 223

    Wyndham v Egremont [2009] WTLR 1473 ChD