Retiring sole Trustee under a Will, will silent on power of appointment


(Kedia Del) #1

The sole trustee under a will wants to give money left for a minor child over to a new trustee to hold on trust for the minor child until age 18.

I am drafting two documents : Deed of Appointment from the retiring trustee to the new trustee and a Declaration of Trust to be signed by the new trustee only.

Are the above documents correct in the circumstance and would i need any other document?


(Farah Deba) #2

Hi. I would think that the appointment of new trustee and the declaration of trust can be in one document which primarily adopts the terms of trust stipulated under the Will which can attached. This will asssist the new trustee to appreciate the intention of the testator.

Hope this helps.


(Kedia Del) #3

Yes it does, thank you very much