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Advice on whether a trust is required and if so can I set it up myself?

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  • Advice on whether a trust is required and if so can I set it up myself?

    I am executor for my late mother, her will shares her estate equally between her 4 children however as one of them predeceased her, that share is covered by the following phrase:

    "Twenty five percent to the children of my deceased daughter in equal shares on attaining the age of 25 years but if this gift fails it shall be divided among the remaining sub-clauses of clause 6 that do not fail according to their weighting." the will also states ..... The standard provisions and all of the special provisions of the Society of Trust and Estate Practitioners (2nd Edition) shall apply to this will.

    I have read through the STEP provisions, however I am not sure if they state anything about how I should handle the clause relating to my late sister, do I have to place it in trust and if so is there a simple way of doing it as the amount is fairly small, or can I handle this in a simpler more pragmatic way for example simply giving the money to the grandchildren when I distribute the estate.
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  • #2
    Just to close this off and answer my own question as it may be of use to others.

    I took some legal advice and the answer is that the trust is established by the wording of the will and no additional document is required. The bit of the will I quoted above (along with the STEP) provisions are enough.

    On this basis I have now setup bank acounts for the benificiaries in advance of distribution.

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