Private Trust of Land - Appointing additional trustees

[cloudnine]

The property was not specifically willed to individual(s). It was to be disposed of and form part of the residue.The transfer has been vetted by HMRC as Stamp Tax exempt and the Deed of Assent registered with the Land Registry.

Accepting the useful point added by 'maths' can a DOV add the spouses as residuary beneficiaries re the property - even though they are not named anywhere in the will and Deed has been registered? If so I would certainly consider a DOV.

[maths]

A DoV can cause anyone to benefit; there is no requirement to be named in the will.

Time to take fee paying advice i think.

[Peter D]

Spot on Maths. As long as all parties aggree and sign to that effect then a simple DOV and don't to that yourself. As maths says a well versed solicitor is needed to fix this. Regards Peter

[cloudnine]

The point about taking professional advice is well-taken (and thanks for your helpful comments to date). Before I do perhaps you could indulge me with just one more supplementary question:-

"As long as all parties agree" does this refer
to the principal (in this case close family) beneficiaries? The will also provides for several small pecuniary legacies to friends. It also provides that any amount above the nil-rate band should go to an exempt organisation (eg political party). BUT, the estate falls below the nil-rate band so there is no residue above the NRB to distribute to the latter. Do they have to agree to the DOV also? I would have thought not but am unsure.

[Peter D]

If their gain is uneffected then they do not have to be contacted but is a beneficairy is added of dis-advantaged by the DoV they must agree. Regards Peter