Variation of TrustsDiscover Candid Advice and Strategic Advocacy
There are certain cases where the terms of a trust may need to be changed.
A trustee of a testamentary trust must carry out the terms of the Trust as set out in the written document. However, there are certain circumstances when the beneficiaries of a Trust may require a variation in those terms. For instance, the original rationale for a certain term may cease to exist, or the investment climate or tax rules have changed and advice is given on the structure of a trust which could result in benefits to all beneficiaries.
In these cases, if all beneficiaries are of legal age and capable, they may agree to change a trust’s terms. But when there are contingent beneficiaries or beneficiaries that are minors or under a legal disability, a court will need to approve the changes. Either a beneficiary or a trustee may apply to the court to vary terms of a trust.
Lisbeth concentrates her practice in the areas of will challenges, estates & trusts litigation, guardianship appointments & capacity litigation, estate & guardianship accountings, and dependant support claims. Litigating since 1988, Lisbeth brings her extensive experience and pragmatic approach to helping her clients resolve their estate, trust, and capacity disputes.Learn More
Areta focuses her law practice on estates, trusts and capacity litigation. Areta helps de-escalate conflict, so that clients can focus on their health and family. When situations escalate, Areta is a strong, capable advocate.Learn More