Commentary

2 Bare and fiduciary powers: trusts

POWERS OF APPOINTMENT vol 33
| Commentary

2 Bare and fiduciary powers: trusts

| Commentary

2 Bare and fiduciary powers: trusts

An appointor who possesses a bare power owes no duty to exercise it, nor does he owe any other fiduciary duties in connection with the power: he may exercise it in any way he wishes. The only restrictions upon such an appointor are that he must keep within the terms of the power1 (for example he must not exercise it in favour of any person outside the class of objects or impose any unauthorised conditions) and that he must not commit a fraud on the power2.

Where, however, a power of appointment is prima facie

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial