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, …
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Cases Referenced

  • 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
  • The Public Trustee v Cooper [2001] WTLR 901 Ch D