The extent to which a Will can affect the terms of a Trust depends entirely upon the terms of the Trust itself. It may be possible, for example for a natural person Trustee to nominate his or her successor as Trustee via his or her Will.
Equally, in the case of fixed Trusts, a beneficiary may bequeath his or her interest under the Trust via his or her Will. However, in the case of Family or other discretionary Trusts where no beneficiary has a present entitlement to any of the Trust assets, beneficial rights terminate upon death and therefore cannot be left by Will. |
