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Thanks for your question. I am a solicitor in Scotland. What elements of the trust are intended to be varied?
Not without the agreement of the Trustor, ie, the person who set up the trust to start with. If he hasn’t given the Trustees power to add beneficiaries in their own discretion then the Trustees can’t do so unless there is a general power to benefit a class of beneficiaries to voter, for example unborn children. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.
That would have to be done by application to the court under s1 of the Trusts (Scotland) Act 1961 unless all the existing beneficiaries are over 18 and they all agree to the variation. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.