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Fiduciary powers: Stocktaking
Stephen Alexander explores when it is possible to exclude a beneficiary under a discretionary trust Typically, if a beneficiary is excluded from a class by way of exercise of a power of exclusion, he or she can take no further interest under the settlement. A power to exclude a beneficiary is a fiduciary power which, …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Public Trustee v Cooper [2001] WTLR 901 ChD
- Re S Settlement [2001] JLR Note 37
- Reed v Papyrus Investments Ltd [2005] JRC 035A
- Representation of G.B. Trustees [2021] JRC 048
- Representation of the Otto Poon Trust [2014] JRC 254A