Commentary

63 Limitations on the width of ‘benefit’

POWERS OF APPOINTMENT vol 33
| Commentary

63 Limitations on the width of ‘benefit’

| Commentary

63 Limitations on the width of ‘benefit’

In X v A1 the court refused to direct that an advance of the whole of the trust fund to charity was for the ‘benefit’ of a beneficiary with a life interest (who was opposed to inherited wealth), since:

  1. 63.1

        the proposed advance did not relieve the beneficiary of an obligation she would otherwise have had to discharge out of her own resources because the amount proposed to be advanced exceeded the amount of her resources;

  2. 63.2

        in any event, the court had no reason to suppose that, in relation to her free

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