Variation and termination of trusts

Question 1

Gray v Gray’s Trs

Answer 1

1. “When in a private trust every possible beneficiary desires and consents to a particular course being adopted, all the beneficiaries being of full age and sui juris and none of them being placed under any restraint or disability by the trust deed itself, then no-one has any right or interest to object and the court will not interfere to prevent the sole and unlimited proprietors doing what they like with their own” (per Lord Gifford)

Question 2

Hedderwick’s Trs v Hedderwick’s Trs

Answer 2

1. The truster, in a testamentary trust, provided that it should benefit the employees of the firm (partnership) of which he was a partner
2. The partnership converted to a limited company
3. It was held that the purposes of the trust had failed
4. If this case happened today, it might potentially be ‘saved’ under section 65