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Essay / Research Paper Abstract
This 6 page paper looks at a case supplied by the student. A beneficiary with a lifetime interest in a protective trust wants to vary the terms of settlement when he dies and the property will pass absolutely so that the property does not pass until to his child until they are 33 years of age, he also wants to move the trust from the UK to another country. The paper looks at both of these issues, considering what statutory tools may be used factors the courts will take into account. The paper cites numerous case to support points raised. The paper is written with reference to English law. The bibliography cites 5 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEvartrust.rtf
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Unformatted sample text from the term paper:
been given a lifetime interest in the fund, when he dies his children that are living at the time will inherit the subject of the trust absolutely. If there are
no children then Dirk can appoint new beneficiaries in his will, if there is none will then it will default to the living nieces and nephews in equal shares. Dirk
is dying and wants to vary the trust, so that his son, Ewuan will take the property when he reaches the age of 33, he is currently 15. In addition
to this Dirk also wants to move the administration of the trust to the Bahamas, for tax purposes, also the place where Dirk lives with his mother. Dirk wants to
sort this out as he wishes to return to South Africa. To assess the potential to make the desired changes there are issues of law as well as areas
where there is the potential for a judge to exercise discretion. When looking at this we need to remember that trustees do not have the power to emend a trust,
also that although Dirk has a life time interest he is not the ultimate beneficiary, this pears to be Ewuan at the present time, but there are also other potential
beneficiaries contingent on Ewuan not surviving, so their interests also have to be considered as well as Ewuan who is the apparent current inheritor of the trust. There are
two changes that Dirk wants to make, the first is the change of the trust location to the Bahamas, the second is the addition of the clause for Ewuan inheriting
when he reaches the age of 33. The first consideration may be the type of trust, as this may impact on the way that the desire to make the
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