Family trust and Will- Who is to become the appointer/s?

Discussion in 'Estate Planning' started by ishtvan051, 28th Jun, 2011.

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  1. ishtvan051

    ishtvan051 New Member

    28th Jun, 2011
    My grandfather recently told me that he updated the will so that my father would be in equal control of his assets to my grandmother if he dies before her. But that was done with the solicitor (has the will) not the accountant who has the trust deed. My understanding is that the roles of the various people in the trust is just as, (if not more) important than the directions on the will. After all, the will directions do not assign control of assets held in a trust, they control assets held in the name of the testator at the time of his/her death.

    Could the trust be structured in such a way so that if my grandfather passes first then my father takes the role of my
    grandfather as appointer (for 50% of legal control over trust) and my grandmother remains the appointer for the other 50% legal control of the trust?

    In which case my father and my grandmother would have equal control over the trust.

    In a nut shell I just need to explain this to my grandfather so that the directions on the will correlate with the instructions on the trust deed in regards to the way in which upon his death the roles of the appointer/s are given. The only way to do this effectively is to have two appointers.

    Seeing as they both dislike each other tremendously its important that the role of appointer is not given soley to any of them as either way they may well just cut each other (and the relevant families!) out.
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker Business Plus Member

    9th Jun, 2006
    Australia wide
    Yes, the trust could be amended so that the successor appointor is your dad and your grandmother.

    But, you imply they may not agree with each other. What would happen if they disagree over the appointment of trustee? You need to take this into account too. Maybe a third appointor?