| Commentary

27 Fraud on a power

| Commentary

27 Fraud on a power

A special power that is not exercised in good faith or for the purpose intended by the power will be regarded by equity as fraudulent1, and so invalid2. Appointments will generally be invalidated by the doctrine of fraud on a power if they are made with a view to furthering a purpose other than the sole purpose of benefiting the appointee. To ascertain the purpose of the appointment the intention of the appointor must be inquired into3. For instance, it has been held that a parent who appointed among his children could not derive any

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