Beneficial Entitlement Flashcards
What constitutes “absolute interest” under a trust?
Interest in capital
What constitutes “limited interest” under a trust?
Interest in income only
What is a vested interest?
Beneficiary does not have to satisfy any conditions in order to become entitled to trust property
What is a contingent interest?
Beneficiary has to satisfy any conditions in order to become entitled to trust property
What is a successive interest trust?
Trust used to distribute property over successive generations
What is the rule in Saunders v Vautier?
If a trust is for a sole, adult, mentally capable beneficiary, they can bring the trust to an end at any point
What is the extended rule in Saunders v Vautier?
When there is more than one beneficiary, trust can be ended so long as all the beneficiaries are in existence and ascertained, over 18 with mental capacity, and all agree