1. Variation of beneficial interest
   1. Saunders v Vautier (1841)
      1. Beneficiary can end trust if
         1. Sui juris
         2. Sole beneficiary
         3. Vested interest
      2. Extended to trusts with more than one beneficiary
         1. If all in existence and ascertained
         2. Sui juris
         3. All agree
      3. Re Smith [1928]
         1. Discretionary trusts
            1. If all ascertained
            2. Sui juris
            3. All agree
      4. Variation of Trusts Act 1958
         1. General rules
            1. Courts can consent if not sui juris
            2. Including those unborn
            3. Cannot consent for capable adult
            4. Knocker v Youle [1986]
            5. Only if in their benefit
            6. No benefit to give up entitlement
            7. Re Tinker's Settlement [1960]
            8. Only variation not resettlement
            9. Leaves substratum of trust intact
            10. Re Holt's Settlement [1969]
            11. Trustees and admin powers remain same
            12. Wyndham v Egremont [2009]
            13. Does not matter if contrary to settlor's intention
            14. Goulding v James [1997]
            15. Except to decide if is resettlement
         2. Different rules for protective trusts
            1. Does not have to be for benefit of discretionary trust objects
            2. Will consider settlor's intention
            3. Re Steeds WT [1960]
   2. Re Denley's Trust Deed [1969]
      1. Denley trust
         1. Non-charitable purpose
         2. Direct or tangible benefit
         3. Ascertainable individuals
      2. No court ruling on whether Saunders v Vautier applies
      3. Saunders can be avoided
         1. 'present and future'
2. Appointment and removal of trustees
   1. Role of settlor
      1. Appoints first trustees
      2. Has no rights to enforce trust
      3. Cannot remove or appoint
         1. Unless stated in trust instrument
   2. Express powers
      1. In trust instrument
      2. May nominate someone to exercise power under s36
   3. s36 Trustee Act 1925
      1. Must replace
      2. Or appoint additional
         1. Cannot exceed four
         2. Appointer cannot appoint himself
      3. Grounds
         1. Outside UK 12 months
         2. Refuses to act or wishes to retire
         3. Trustee has died
         4. Unfit to act
         5. Infant trustee
         6. Incapable
      4. Who can apply
         1. Nominated by trust instrument
         2. Surviving trustee
            1. If died
         3. Continuing trustees
            1. Only if retiring
         4. Trustee's personal reps
            1. If all died
      5. Procedure
         1. Must be in writing
         2. Deed of apointment preferable
      6. Hierarchy
   4. s41 Trustee Act 1925
      1. Court may appoint new trustees
      2. If s36 cannot be used
      3. Beneficiaries may request
   5. s19 Trusts of Land and Appointment of Trustees Act 1996
      1. Applies to beneficiaries
      2. May give written instructions to trustees
         1. to retire
         2. to appoint new trustee
      3. Must all agree
         1. And be sui juris
      4. Only applies if two trustees left
      5. Can be excluded by trust instrument
         1. Also ousted if trust instrument appoints person to exercise s36
   6. Courts inherent jurisdiction
      1. Beneficiaries or trustees can apply
      2. No formal grounds
      3. Factors
         1. Welfare of beneficiaries
            1. Letterstedt v Broers (1884)
         2. Friction between trustees
            1. Re Consiglio Trusts [1973]
         3. Or trustees and beneficiaries
         4. Trustees unlawful acts
            1. Clark v Heathfield [1985]
3. Retirement of trustees
   1. s36 Trustee Act 1925
      1. Only if being replaced
      2. Should be by deed
         1. Automatically vests property
            1. s40
   2. s39 Trustee Act 1925
      1. If not going to replace
      2. There are at least two trustees left
      3. Remaining trustees consent
      4. Is effected by deed
   3. Express power in trust instrument
   4. Court's inherent jurisdiction
4. Outside bodies
   1. Charitable trusts
      1. Charity Commmission
   2. Pension trusts
      1. Third of trustees must be appointed by employee members
      2. Pensions Regulator
         1. s70 Pensions Act 2004
      3. Internal dispute resolution procedure
         1. s50 PA 2004
      4. Pensions Advisory Service
         1. complaints
      5. Pensions Ombudsman
         1. complaints
      6. Recourse to courts
5. Controlling the trustees
   1. Beneficiaries
      1. Can compel trustees to carry out duties
         1. Court order
         2. Administrative
         3. And dispositive
      2. But not how it should be done
      3. Cannot compel to exercise powers
         1. Must only consider whether to exercise
   2. Will courts interfere with powers?
      1. Dispositive
         1. Only if improper
            1. Tempest v Lord Camoys (1882)
         2. Blindly followed settlor
            1. Turner v Turner [1983]
         3. If recipient is not an object
         4. Capricious or irrational
            1. Re Manisty's Settlement [1917]
         5. Fraud on a power
            1. Duke of Portland v Lady Topham (1864)
         6. Hastings-Bass [1975]
            1. If effect of trustees action is not as intended, and would have acted differently if had not failed to take account of considerations should not have, or taken account of considerations should have considered.
            2. Exact limits unclear
      2. Administrative
         1. Duty of care owed
         2. And duty to balance investments
         3. Duty to consult
            1. If in instrument
            2. Or s11 TLATA 1996
            3. Trusts of land only
         4. Can complain if breached
   3. Information
      1. Need not explain discretions
         1. Re Beloved Wilkes Charity (1851)
      2. Unless has legitimate expectation
         1. Must be warned
            1. Scott v National Trust [1998]
      3. Must keep accounts
         1. Beneficiaries may inspect
      4. Evidence eg share certificates
         1. May be inspected
      5. Records of trustees decisions?
         1. Pre Schmidt v Rosewood
            1. Right of disclosure of trust documents
            2. O'Rourke v Darbishire
            3. Based on equitable interest
            4. So not to discretionary trusts until discretion exercised
            5. But not relating to discretions
            6. Re Londonderry's Settlement
         2. Post Schmidt v Rosewood
            1. Disclosure not based on equitable interest
            2. No RIGHT of disclosure
            3. No longer complete embargo on documents relating to discretions
            4. Factors considered
            5. Liklihood of claimaint benefiting
            6. Need for confidentiality
            7. Weigh interests of all beneficiaries and trustees
   4. Saunders v Vautier
      1. Can end trust
         1. If conditions met
      2. But can't compel trustees to act