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Trustee Powers And Will Drafting Pointers Notes

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Private Client Powers for Trustees & Will Drafting Pointers When deciding whether to include these powers when writing a will…
Look to WILL DRAFTING points if asked to evaluate a will/ why would you make these
changes?
Legislation:
 TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996 [TLATA_
 TRUSTEE ACT 2000 [TA]
POWER Power to insure

S.19 TA 1925 = very restrictive on what Personal Representatives [PRs] /
Trustees could insure against
a) Insure only against loss or damage by fire;
b) Insure up to 75% of the value of the property max; c) Had to pay premiums out of income

TLATA 1996 = could also insure land [but still not other assets] for its full value

 S.34 TA 2000: substituted a new S.19. Wide powers to insure:
o Against all property to its full value [however caused].
o Pay premiums out of trust funds [can use capital and / or income]
o Applies to ALL trusts whenever created.

Power to appropriate


Statutory power is adequate without need for extension.
Be aware that old wills [drafted before 2000] often include provisions to extend
powers to insure.


S.41 Administration of Estates Act 1925
PRs have power to appropriate any part of the estate towards satisfaction of a
legacy - provided that no specific beneficiary is thereby prejudiced. [e.g. cannot
appropriate a clock for Carol [beneficiary of £1000) if Ben has already been left
the clock in the will. Also a useful power if there is split residues. [2 people have entitlement]
S.41 imposes some restrictions which can be amended if appropriate:

1. Must get consent of person to whom PR is making appropriation. AMMEND: remove need for consent.
WHY: Administration is easier. What if beneficiary is a minor - consent
would not be possible in this case

2. Must get valuation of the object at date of appropriation [not at date of death]. AMMEND: remove need for re­valuation. Use the valuation at date of death
instead. [unless asset has grossly changed in value since date of death]. So PR appropriates at probate value!
WHY: Avoid expense. Administration of estate is easier / simple.

Power to accept
RECEIPTS from or
on behalf of a minor

o

NB. If asset is likely to change in value - then keep the statutory restriction.
Receipt = discharge PRs from liability. Signed by the person entitled [i.e.
beneficiary]. Provides evidence of legacy being paid [for purpose of any potential
dispute]

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