| Commentary

163 Trustees

| Commentary

E: CHARITABLE TRUSTS

163 Trustees

Where a charitable trust is created by will, one of the first questions to be resolved is whether the executors and trustees of the will are to act as trustees of the charity1 or whether a separate body is to be appointed or constituted for the purpose2. Unless the trust is no more than a direction to distribute, in which case the trustees of the will are generally the most suitable body for the purpose, the first trustees of the charity should ideally be persons with some knowledge both of the testator’s wishes and priorities and

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