Q&As

A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 21 September 2016
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Shares in companies can be held on trust in the same way as real property, and the same legal principles broadly govern each. In this scenario, a declaration of trust in respect of the two adult beneficiaries and a separate declaration for the minor beneficiary, have been put in place. The declarations are silent as to what would or should happen to the shares on the death of a beneficiary.

We have assumed for the purposes of this response that the trust instrument likewise is silent as to what should happen to the shares in this scenario.

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Beneficial ownership definition
What does Beneficial ownership mean?

Equitable (as opposed to legal) ownership.

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