Unauthorised distributions: Introduction

On occasion trustees may execute a deed appointing or advancing property to a beneficiary in excess of their powers under the deed. Alternatively the beneficiaries may execute a deed under which they agree to bring a trust to an end, but strictly fail to do so because there are other persons with remote interests which have been overlooked or disregarded. The most common situation is where the remote interests can only vest if a number of beneficiaries die early or in the unlikely event of a particular elderly man begetting (further) children.

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