Does the Vautier Rule apply?

Where the rule in Saunders v. Vautier does apply, no court order or approval is necessary — at least in theory. The beneficiaries are entitled to call on the trustee to deliver over the property and the trustee must comply. (Alternatively, the trustee may invoke the rule and require the beneficiaries to accept the distribution of the trust property, and may pay it into court if they refuse: Underhill, supra, at 711.) In practice, however, most trustees will wish to ensure that they will not be subject to legal action by the settlor or beneficiaries should a question arise as to the propriety of abrogating the trust. Thus the direction of the court will generally be sought, if only to obtain its opinion as to the applicability of an undoubted rule.