Variation of Trusts Without Court Assistance: Express Powers, Advancement, Settled Advances, Saunders v Vautier, and TOLATA 1996 (England and Wales)
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Practice notes
Variation of trusts
As a general principle, trustees must give effect to the settlor’s intentions as expressed in the trust instrument. Nonetheless, situations can develop in which an alteration is advisable, for example in the interests of efficient administration. Where that occurs, the trustees will initially assess whether a change can be achieved without recourse to the court.
Express powers
The trust deed may have been composed to grant the trustees authority broader than that contemplated by the general law. Contemporary trust documents are typically designed to vest the trustees with considerable discretionary powers and flexibility. Acting under express powers contained in the deed does not amount to departing from the trust terms, since those powers are themselves part of the trust’s provisions.
Powers of appointment
A power of appointment is an authority vested by one person in another to decide how the property is to be held. There are several categories of powers of appointment:
- a general power permits appointment in favour of anyone in the world. It is, in effect, equivalent to ownership, and the donee may exercise the power in whatever way they choose...
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Web page updated on 22/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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