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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
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Course Aims:

This podcast aims to outline the scope of the powers of revocation contained in a number of statutes, principally the Variation of Trusts Act 1958. It analyses the differences and overlaps between the statute and the powers of the court under its own jurisdiction and powers conferred by earlier statutes. It also addresses the procedure by which an application to court for a variation should be made.

After completing the course you will:
  • Understand the grounds on which a trust can be varied;
  • Understand the differences between variation procedures based upon consent and the court based procedures;
  • Be aware of the overlap and gaps between some of the legislative provisions concerning variation;
  • Know the scope of the court’s power of variation under the;
  • Variation of Trusts Act 1958;
  • Know when a variation will be considered to be for the benefit of the trust;
  • Know the procedure to apply for an order varying a trust.
Intermediate Difficulty: 3 of 5
Legal Principles
Practical Guide
Sources and References:
  • Trustee Act 1925 s 33(1)(i), 57;
  • Settled Land Act 1925 s 64;
  • Variation of Trusts Act 1958 s 1;
  • Settled Land and Trustee Acts (Courts General Powers) Act 1943;
  • Emergency Laws (Courts' General Powers) Act 1953;
  • CPR Part 64 and PD (Estates, Trusts and Charities);
  • CPR Part 8 (Alternative Procedure for Claims);
  • Saunders v Vautier (1841) Cr & Ph 240;
  • Stephenson v Barclays Bank Trust Co Ltd [1975] 1 WLR 88;
  • Trusts of Land and Appointment of Trustees Act 1996 s 19;
  • Chapman v Chapman [1954] AC 429;
  • Re Lord Hylton's Settlement [1954] 1 WLR 1055;
  • Re Thomas [1930] 1 Ch 194;
  • Re Beale's Settlement Trusts [1932] 2 Ch 15;
  • Re Harvey [1941] 3 All ER 284;
  • Sutton and others v England and others [2009] EWHC 3270 (Ch);
  • Re Simmons [1956] Ch 125;
  • Re Steed's Will Trusts [1960] Ch 407;
  • Re Ball's Settlement [1968] 2 All ER 438;
  • Re Weston's Settlements [1969] 1 Ch 223.

This podcast looks at the grounds on which a trust may be varied by the beneficiaries or trustees. It will discuss the 5 principle heads under which a variation might be achieved, looking first at the only out of court method and then going on to discuss the scope of a number of important statutory provisions.

Podcast last reviewed: 2011-04-26

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