Commentary

29 The rule in Hastings-Bass

POWERS OF APPOINTMENT vol 33
| Commentary

29 The rule in Hastings-Bass

| Commentary

29 The rule in Hastings-Bass

The complexity of United Kingdom tax law has led to trustees making mistakes in exercising their dispositive powers. As a result, a large body of case law developed with trustees seeking to escape from decisions that they regretted by invoking the so-called rule in Hastings-Bass and by settlors using the doctrine of mistake to set aside an unwanted gift or settlement.

The Hastings-Bass line of cases came to offer trustees who had erred a simple remedy: a get-out-of-jail-free card with the only loser being HM Revenue and Customs. In the Futter1 case Norris

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