Trustees’ powers—challenging exercises of discretion

Abstract Challenges to exercises of trustees’ fiduciary powers have become a common feature of trust litigation. The recent decision of the Privy Council in Grand View v Wong has provided a framework for these challenges and clarified the law on improper purposes. This article considers the extent t...

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Bibliographic Details
Published in:Trusts & trustees 2024-01, Vol.29 (10), p.918-930
Main Author: Wilson KC, Richard
Format: Article
Language:English
Subjects:
Surveys
Trusts and trustees
Online Access:Get full text
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Summary:Abstract Challenges to exercises of trustees’ fiduciary powers have become a common feature of trust litigation. The recent decision of the Privy Council in Grand View v Wong has provided a framework for these challenges and clarified the law on improper purposes. This article considers the extent to which there is now a coherent set of principles governing the exercise of fiduciary powers and which important questions remain to be answered.
ISSN:1363-1780
1752-2110
DOI:10.1093/tandt/ttad083