Commentary

37 When is there ‘inadequate deliberation’

POWERS OF APPOINTMENT vol 33
| Commentary

37 When is there ‘inadequate deliberation’

| Commentary

37 When is there ‘inadequate deliberation’

The inadequate deliberation must be sufficiently serious to amount to a breach of duty. On the issue of relying on professional advice, Lord Walker commented:

‘Trustees may be liable, even if they have obtained apparently competent professional advice, if they act outside the scope of their powers (excessive execution), or contrary to the general law (for example, in the Australian case1, the law regulating entitlement on intestacy). That can be seen as a form of strict liability in that it is imposed regardless of personal fault. Trustees may also be in breach

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