Commentary

25 Situations where a trustees’ exercise may be challenged

POWERS OF APPOINTMENT vol 33
| Commentary

25 Situations where a trustees’ exercise may be challenged

| Commentary

25 Situations where a trustees’ exercise may be challenged

The decisions of trustees may be challenged on the following grounds:

  1. 25.1

        if it can be shown that they did not act in good faith having properly informed themselves1;

  2. 25.2

        if it is shown that the trustee did not ‘consider’ the appointment but acted on the direction of another, for example, the settlor2. Similarly the trustee may have failed to appreciate that he had any discretion in the matter3;

  3. 25.3

        if it is a fraud on a power;

  4. 25.4

        there may be a formal or procedural defect, for example, failure to

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