When can a refusal to consent to the exercise of a power be challenged?

Autor: David Hayton
Rok vydání: 2022
Předmět:
Zdroj: Trusts & Trustees. 28:914-923
ISSN: 1752-2110
1363-1780
Popis: This update, prepared for a January 2022 session with the Bahamian judiciary, casts light upon three alternative approaches where someone’s consent is required before trustees can exercise particular powers; the rights of protectors to information necessary for them properly to exercise their functions; the large scope for trustees not to follow a settlor’s letter of wishes; distinctions between shams, rights indistinguishable from ownership and revocable trusts; difficulties finding that a large company has dishonestly assisted in a breach of equitable duties; the scope of exoneration clauses and of equitable compensation.
Databáze: OpenAIRE