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In certain circumstances, you can dissolve a discretionary trust with the consent of the beneficiaries. If the beneficiaries have the legal capacity and are above 18 years of age, they may be able to compel a trustee to transfer the trust property to the beneficiaries and terminate the trust.
Whether a provision shall be made or not. The discretion "is to be the. exercise of judgment directed to the care and protection of the bene- ficiary, by making such a provision as will best secure that end."'1. As often happens, the trustee was left without any standards save his own judgment.
The trust deed lists the trustees. Therefore, to change an individual trustee, you need to amend the trust deed. Most trust deeds permit a change of trustee by way of a trustee resolution and entry into a deed of variation. A trustee resolution is a signed statement of the actions taken by the trustee.
Discretionary trusts are a type of irrevocable trust where the trustee has complete discretion on when and what amounts of assets to distribute to the beneficiaries. The beneficiaries have no right to distributions from the trust.
Trustees will usually be appointed by the instrument that brings the trust into existence. The trust instrument should also make provision for any additional appointments that may be necessary during the continuance of the trust.