TSEM1033 - Introduction to trusts: whether a bare or simple trust: example 1 – a bare trust


Mrs A left the residue of her estate to such of her grandchildren as were alive at the date of her death.

She directed that the funds should not be paid to the grandchildren until they respectively attain age 21 years.

All of the grandchildren who were alive when Mrs A died are entitled to an equal share in the residue of the estate. There are no other conditions that they must fulfil before they become entitled. The direction about payment does not affect this basic position.

The beneficiaries have a vested interest and the trust is a bare trust.