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SQE Exam Essentials and Preparations · Jun 8, 2025 · 21 min

Types of Beneficial Interests – Vested, Contingent and Trust Structures

In this episode of SQE1 Essentials, we break down the types of beneficial interests under English trust law — a core component of the SQE1 syllabus and vital for understanding trust structures, beneficiary entitlements, and trustee powers. 🎯 Topics covered: Capital vs income: what beneficiaries may be entitled to receive Vested interests vs contingent interests, and how s.31 of the Trustee Act 1925 affects minors' income Successive interests: life tenants, remaindermen, and future interests The principle of Saunders v Vautier – when beneficiaries can collapse the trust Types of trusts: ▪️ Fixed trusts – requiring a complete list of beneficiaries (IRC v Broadway Cottages) ▪️ Discretionary trusts – governed by the “is or is not” test (McPhail v Doulton) and clarified in Re Baden (No. 2) ▪️ Bare trusts – absolute entitlement with no discretion Trustee obligations under the Trustee Act 2000, including the duty of impartiality (Nestle v NatWest) 📘 By the end of this episode, you’ll be able to distinguish between trust structures and accurately map out beneficiary rights in a range of scenarios. 📲 Learn more via the PASS-SQE App or at celetraining.com

0:00-21:27

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show notes

In this episode of SQE1 Essentials, we break down the types of beneficial interests under English trust law — a core component of the SQE1 syllabus and vital for understanding trust structures, beneficiary entitlements, and trustee powers.

🎯 Topics covered:

  • Capital vs income: what beneficiaries may be entitled to receive
  • Vested interests vs contingent interests, and how s.31 of the Trustee Act 1925 affects minors' income
  • Successive interests: life tenants, remaindermen, and future interests
  • The principle of Saunders v Vautier – when beneficiaries can collapse the trust
  • Types of trusts:
    ▪️ Fixed trusts – requiring a complete list of beneficiaries (IRC v Broadway Cottages)
    ▪️ Discretionary trusts – governed by the “is or is not” test (McPhail v Doulton) and clarified in Re Baden (No. 2)
    ▪️ Bare trusts – absolute entitlement with no discretion
  • Trustee obligations under the Trustee Act 2000, including the duty of impartiality (Nestle v NatWest)

📘 By the end of this episode, you’ll be able to distinguish between trust structures and accurately map out beneficiary rights in a range of scenarios.

📲 Learn more via the PASS-SQE App or at celetraining.com

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