Head 21: Variation or Termination of a private trust, Flashcards
1
Q
Miller’s Trs v Miller (1890) 18 R 301
A
He went to the Court of Session which held that they must pay as it was vested and the property was not required for any other trust purposes.
If a beneficial interest is vested in a person, and there is no reason for the trustees not to transfer property to that person except for a direction in trust stating that the person should not receive property until a certain age, THAT person, if he/she has reached the aged of 16 can demand the trustees to pay him/her.
That person can only do this if he is the only person with interest. if there are others with interest he must wait until he becomes of age.
