Journal Article

Discretionary trusts and their infirmities

Anthony Mason

in Trusts & Trustees

Volume 20, issue 10, pages 1039-1054
Published in print December 2014 | ISSN: 1363-1780
Published online September 2014 | e-ISSN: 1752-2110 | DOI: https://dx.doi.org/10.1093/tandt/ttu165
Discretionary trusts and their infirmities

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This article covers, inter alia, the following points: the nature of a trust; the nature of the trustee’s interest; the nature of the interest of the object of a discretionary trust; Young J’s suggestion that the courts should not enforce discretionary trusts used for improper purposes; the scope of a clause authorizing a trustee to declare what is capital and what is income; the effect of such a declaration for tax purposes in the light of Bamford’s case and the correctness or otherwise of the reasoning in that case; and mistake as to (tax) consequences and effect as a ground for setting aside a trust.

Journal Article.  9823 words. 

Subjects: Trusts Law

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