15 - Variation of Trusts

Source - Unlocking Trusts

Following is the summary of this chapter:

 

1) Variation of Management / Administration - (a) Rule of Saunders v Vautier (b) Inherent jurisdiction of courts (c) s 57 of Trustee Act 1925

2) Variation of beneficial interest - (a) Rule of Saunders v Vautie (b) s 53 of TA 1925, (c) s 64 of Settled Lad Act (d) ss25-25 of Matrimonial Causes Act (e) s96 of Mental Health Act  (f) Inherent Jurisdiction (g) Variation of Trust Act 1958 - (i) this Act reverses HL's decision in Chapman v Chapman (ii) see the distinction between variation and resettlement (iii) Intention of settlor, though not a overriding factor, should be considered (iv) other factors to be considered