The rule in Saunders v Vautier cannot be invoked by an adult sole beneficiary to unilaterally terminate a trust constituted by court order expressed to subsist 'until further order'; the beneficiary must apply to the court that made the order for its variation or discharge. 'Examination' under RSC O 28 r 1 is to be understood broadly in light of normal medical practice and may include psychiatric assessment, CT scanning and MRI. Where a beneficiary invokes Saunders v Vautier, the question on an application for medical examination is not whether the evidence shows the beneficiary lacks capacity, but whether capacity is a live issue in the proceedings.
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