Deed Of Variation To Create A Discretionary Trust Template for England and Wales

Inheritance Tax Act 1984: Key legislation for variations of dispositions taking effect on death (Section 142) and tax implications of the variation. Essential for ensuring the deed of variation meets tax-efficient requirements.

Trustee Act 1925: Fundamental legislation governing trustees' powers and duties, including investment powers and procedures for appointment and retirement of trustees.

Trustee Act 2000: Modern statutory framework defining trustees' duties, investment powers and delegation capabilities in contemporary trust management.

Law of Property Act 1925: Establishes requirements for creating valid trusts and formal requirements for deed execution.

Perpetuities and Accumulations Act 2009: Governs rules against perpetuities, sets time limits on trust duration and defines permissible accumulation periods.

Taxation of Chargeable Gains Act 1992: Legislation covering capital gains tax implications for trust variations and transfers.

Variation of Trusts Act 1958: Provides framework for court approval of variations and protection of beneficiaries' interests.

Mental Capacity Act 2005: Relevant when beneficiaries may lack capacity to consent to variations or make decisions.

Wills Act 1837: Applicable when the variation relates to a will trust or testamentary dispositions.

Human Rights Act 1998: Ensures compliance with human rights principles in trust arrangements and variations.