1. Variation of beneficial interest
   1. Saunders v Vautier
      1. Beneficiary can end if
         1. Sui juris
         2. sole beneficiary
         3. vested interest
      2. Extended to trusts with more than one beneficiary
         1. if all in existence and ascertained
         2. Sui juris
         3. All agree
      3. Re Smith
         1. Discretionary trusts
            1. If all objects are ascertained
            2. Sui juris
            3. All agree
      4. Variation of Trusts Act 1958
         1. General rules
            1. Courts can consent if not sui juris
            2. S1(1)(A)
            3. Including those unborn
            4. S1(1)(C)
            5. Cannot consent for capable adult
            6. Knocker v Youle
            7. Only if in their benefit
            8. Tax saving
            9. Disadvantage of being delayed offset by prior life interest surrendered
            10. Re Holt
            11. Being more responsible as older age
            12. Re T
            13. Only a variation not resettlement
            14. Leaves substratum of trust intact
            15. Even if interests are altered
            16. Re Ball's Settlement
            17. Doesn't matter if contrary to settlor's wishes
            18. Goulding v James
2. Appointment and removal of trustees
   1. Role of settlor
      1. Appoints first trustees
      2. Has no rights to enforce trust
      3. Can't remove or appoint
         1. Unless stated in trust instrument
   2. Express powers
      1. Takes priority
      2. In trust instrument
      3. May nominate someone to exercise power under S36
   3. S36 Trustee Act 1925
      1. Must replace
         1. S36(1)(B)
      2. Or appoint additional
         1. S36(6)
         2. Can't exceed four
      3. Grounds
         1. S36(1)(A)
         2. Outside UK 12 months
         3. Refuses to act or wishes to retire
         4. Trustee has died
         5. Unfit to act
         6. Infant trustee
         7. Incapable
      4. Procedure
         1. Must be in writing
         2. Deed of appointment preferable
   4. S41 Trustee Act 1925
      1. Appoint new trustee in substitution
      2. Only if s36 can't be used
         1. Won't support weak claims
      3. Beneficiary may request
   5. S19 Trusts of Land and Appointment of Trustees Act 1996
      1. Applies to all beneficiaries
      2. Must give written instructions to trustees
         1. To retire
         2. To appoint new trustees
      3. Must all agree
         1. And be sui juris
      4. Only applies if two trustees left
      5. Can be excluded by trust instrument
         1. Also ousted if trust instrument appoints person to exercise s36
3. Controlling the trustees
   1. Beneficiaries
      1. Can compel trustees to carry out duties
         1. Court order
         2. Administrative
         3. And dispositive
      2. But not how it should be done
         1. E.g. discretionary powers such as investment
         2. Re Brockbank
            1. Appointment of new trustees was discretionary
            2. Beneficiaries couldn't interfere
      3. Cannot compel them to exercise powers
         1. Must only consider whether to exercise
   2. Will courts interfere with powers?
      1. Dispositive
         1. Only if improper
            1. Tempest v Lord Camoys
         2. Blindly follows settlor
            1. Turner v Turner
         3. If wholly unreasonable
            1. Dundee General Hospital Board
         4. If recipient is not an object
         5. Capricious or irrational
            1. Re Manistry's Settlement
      2. Administrative
         1. Duty of care owed
         2. And duty to balance investments
         3. duty to consult
            1. if in instrument
            2. Or S11 TLATA 1996
            3. Trusts of land only
         4. Can complain if breached
   3. Information
      1. General rule
         1. Need not explain discretions
            1. If they do. Courts can enquire into adequay
            2. Klug v Klug
      2. Exception
         1. Unless has legitimate expectation
            1. Must be warned
            2. Scott v National Trust
      3. Must keep accounts
         1. Beneficiaries may inspect
      4. Evidence eg share certificates
         1. May be inspected
      5. Records of trustees decisions
         1. Schmidt v Rosewood Trust
            1. Courts have discretion to offer disclosure of confidential documents
            2. Will look at all interests involved
         2. Re Londonderry's Settlements
            1. Beneficiaries can't demand documents contain trustee's deliberations of discretions or powers
   4. Saunders v Vautier
      1. Can end trust
         1. If conditions met
      2. Can't compel trustees to act
4. Retirement of trustees
   1. S36 Trustee Act 1925
      1. Only if being replaced
      2. Should be by deed
         1. Automatically vests property
            1. S40
   2. S39 Trustee Act 1925
      1. If not going to replace
      2. There are at least two trustees left
      3. Remaining trustees consent
      4. Is effected by deed
   3. Express power in trust instrument