Commentary

57 Release of fiduciary powers

POWERS OF APPOINTMENT vol 33
| Commentary

57 Release of fiduciary powers

| Commentary

57 Release of fiduciary powers

In the absence of an express provision enabling release1, a power coupled with a trust or duty (that is, a discretionary trust) cannot be released2. Even where an ordinary power is vested in trustees, they are probably unable to release it3 (in the absence of an express power to do so); and in any event, it has been held that even if they could release, fetter, or agree not to exercise their powers so as to bind themselves4, they could not thereby prevent their successors in office from exercising the power5. However, an express provision

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