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Joseph Goldsmith considers Wright v Gater, which provides useful guidance on the Variation of Trusts Act

24 January 2012

The Variation of Trusts Act 1958 confers on the court the power to consent to an arrangement varying the trusts arising under a will or settlement on behalf of any person having an interest under those trusts but who, by reason of infancy or other incapacity, is incapable of consenting on his or her own behalf. The court may not, however, approve an arrangement unless the carrying out of that arrangement would be for the benefit of the person on whose behalf it is asked to consent.

 

Private life

A brief scan of the footnotes to the relevant chapter in Lewin on Trusts reveals that, while there were several reported cases on the Variation of Trusts Act 1958 in the 1960s, recently reported decisions are few and far between. The reasons for this may include the greater need in the years shortly after the Act came into force to examine the working of the new jurisdiction. It may also be the r...

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