Commentary

48 Power given to trustee

POWERS OF APPOINTMENT vol 33
| Commentary

48 Power given to trustee

| Commentary

48 Power given to trustee

A power given to a trustee by virtue of his office is fiduciary and cannot be exercised for his own benefit1. However, a trust instrument will commonly authorise trustees to act in ways benefiting themselves. The onus is then on those attacking the exercise of the trustees’ function to impeach it (eg by showing that they acted perversely). The authorisation may (and should preferably) be express but it can also be necessarily implied from the circumstances (eg when the testator selects a beneficiary as trustee)2.

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