Commentary

34 What are the duties of a trustee?

POWERS OF APPOINTMENT vol 33
| Commentary

34 What are the duties of a trustee?

| Commentary

34 What are the duties of a trustee?

Trustees are under a duty of care, obliging them to exercise such skill and care as is reasonable in the circumstances. They have to weigh benefits and take into account relevant factors when exercising a discretionary power. It is not possible to lay down any absolute rule as to the matters which trustees ought to take into account when considering the exercise of a power of advancement or other dispositive power. In many cases fiscal consequences will be relevant considerations which the trustees ought to take into account. Circumstances will differ from

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