Hello Forum
Now had confirmation from the solicitors who took on the closed firms clients that my late wife Will created a Discretionary Trust.
The Will says the Step 1 provisions apply as long as they do not conflict with the beneficial provisions of the Will.
Do Step 1 provisions give the trustees the power to add or remove beneficiaries?
I have had a look at Step 1 Provisions 1 and can not see anything specific saying power to add beneficiaries.
There is this vague
"Ancillary powers
The Trustees may do anything which is incidental or conducive to the exercise of their functions."
Failing this can the Trustees be given this power if all the current living beneficiaries agree?
And is it important that this power to add beneficiaries if possible is given to the trustees within 2 years of passing, so treated as made by the deceased?
I am finding it hard to get concrete answers from a solicitor.
regards
Neil
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