In Re Bernstein: ChD 2008

The testator had left andpound;100,000 legacies to his grandchildren at 25. In order to achieve a tax saving. The court was asked to approve an arrangement under which the individual legacies were replaced by interest in a fund in which the widow had a short-term interest.
Held: There is jurisdiction under the 1958 Act to vary the trusts of an unadministered estate.
Blackburne J said: ‘One of the consequences of the arrangement is that the grandchildren take absolute interests on the termination of the widow’s income and interest, with the result that they will be able to call for payment of the capital of their respective shares as soon as they reach their majority as against the contingency of reaching 25 under clause 5 of the will prior to variation. This might not be considered necessarily for their benefit’
Blackburne J
Unreported 2008, [2008] EWHC 3454(?)
Variation of Trust Act 1958
England and Wales
Cited by:
CitedWright and Another v Gater and Others ChD 7-Nov-2011
The beneficiary, a child was to inherit estates of his grandparents and parents, all of which were intestate. An application was made to vary the provisions in order to reduce the liability to Inheritance Tax.
Held: A deferment of vesting . .

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Updated: 01 June 2021; Ref: scu.448123