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Equity, Trust and Non-trust PoA cases
PoA: Power(s) of Appointment
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Last updated: November 30, 2023
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| First submitted | November 30, 2023 |
| Times taken | 1 |
| Average score | 14.3% | Report this quiz | Report |
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'Is or is not' test for certainty of objects in a discretionary trust.
A power cannot be void for administrative unworkability.
Power to appoint after transferring to different discretionary trust valid.
Delegation of such powers to those not in settlement invalid.
Farmer transferred his property to a trust for the benefit of his wife and children.
Father and others trustees. No knowledge of being one.
Instructed trustees to make appointments. Rendered null on these grounds.
Beneficiaries of a non-exhaustive discretionary trust have no immediate right to capital or income.
Have right to make sure trustees exercise discretion in good faith.
'Any given postulant' test for certainty of objects under mere power.
'Relative' said to be conceptually certain. Judges gave three different meanings. Proved NOT conceptually certain.
Qualifying list test for certainty of objects in fiduciary power.
Gartside v IRC [1968]
Mcphail v Doulton [1970]
Re Baden (No 2) [1972]
Re Gestetner [1953]
Re Gulbenkian [1968]
Re Hay's Settlement Trust [1982]
Turner v Turner [1984]
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