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Termination of a trust (A trust can also be unenforceable where (It is…
Termination of a trust
A trust will come to an end when all the income and capital have been distributed to the various beneficiaries by the trustee or terminated using the ruling in Saunders v Vautier (1841).
If there is only one beneficiary under a trust who is sui juris, or if there are two or more beneficiaries and they are all sui juris and all are in agreement, they can bring the trust to an end irrespective of the wishes of the trustee of the settlor of the trust. This is known as the rule in Saunders v Vautier.
However, the Rule has no application where potential beneficiaries (e.g. grandchildren) do not yet exist, even if their interests are remote and might be unlikely ever to vest.
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Setting trusts aside
A trust may be set aside if it is considered to be invalid or unenforceable. A trust is invalid and unenforceable to the extent that it purports to do anything contrary to the trust law of the offshore jurisdiction, or has no beneficiary identifiable or ascertainable unless it is created for a charitable or non-charitable purpose, depending upon the jurisdiction.
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