Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

All Cases
Equity & Trusts
Rolls Court
1841

Saunders v Vautier

(1841) 4 Beav 115

Ratio Decidendi

A beneficiary who is of full age and capacity and is absolutely entitled to trust property can call upon the trustee to transfer the property to them, even if the trust instrument provides for a later date of distribution.

Facts

A testator left stocks to trustees to accumulate income and pay the capital and accumulated income to Vautier when he reached 25. Vautier, upon reaching 21 (the age of majority), demanded the property.

Judgment Summary

The court held that Vautier, being sui juris and solely and absolutely entitled, could call for the trust property immediately, overriding the testator's direction to wait until age 25.

Key Quotes

"Where a legacy is directed to accumulate for a certain period, or where the payment is postponed, the legatee, if he has an absolute indefeasible interest, is not bound to wait until the expiration of that period."

Lord Langdale MR

Subsequent Treatment

Good law

Foundational principle of trust law. Extended to groups of beneficiaries acting together (all must be ascertained, of full age, and consenting) by Re Smith [1928].