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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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If the beneficiary under a discretionary trust predeceases

Resolved Question:

If the beneficiary under a discretionary trust predeceases the settlor, can the Trustees nominate the deceased Estate as a beneficiary in his place?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Essentially, the trustees may make an application under section 1 of the Variation of Trusts Act, 1958, essentially varying the terms of the trust so that the deceased estate and its beneficiaries becomes a beneficiary in the place of the deceased beneficiary. This is because in accordance with section 1, the estate is "indirectly" entitled to benefit under the trust. However, absent a power in the trust deed or will, a variation application must be made. The law gives no general power to trustees to vary the terms of the trust themselves. So I would advise the trustees to get themselves a solicitor and make an application to court.
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