Commentary

33 When can the exercise by trustees of a dispositive power be set aside?

POWERS OF APPOINTMENT vol 33
| Commentary

33 When can the exercise by trustees of a dispositive power be set aside?

| Commentary

33 When can the exercise by trustees of a dispositive power be set aside?

Both the Court of Appeal and Supreme Court agreed that Lightman J had been correct when he said in Abacus v Barr1 that to challenge the exercise of a discretion successfully there must have been a breach of duty by the trustees. He identified two types of case in which the exercise of discretions can be challenged. In one the exercise is void; in the other voidable.

  1. 33.1

        If what is done is not within the scope of the power, it will be void. For instance:

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