Discretionary Trusts - Powers of Appointment - Fiduciary powers of appointment

4 important questions on Discretionary Trusts - Powers of Appointment - Fiduciary powers of appointment

When a power of appointment is confered on a trustees, what type of power is this called?

Fiduciary power.

Can the fiduciary power make an appointment (i.e. Chose someone who is not an object of the trust) outside the terms of the power?

The appointment must be within the terms of the power and the person chosen must be an object.

Is a power in breach of their duty if they blindly follow the order of the settlor which are not contained in the trust settlement? What is the main authority for this?

Powers are in breach of their duty if they blindly follow orders of the settlor. Powers are deemed to have breached their duties if they fail to exercise their own judgment in deciding how the trust is distributed (Turner v Turner).
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

In what circumstances may the court intervene? What is the main authority for this?

The court may intervene if the trustee acted 'capriciously' and acted for reasons which are 'irrational, perverse or irrelevant to any sensible expectation of the settlor' (Re Manisty's Settlement).

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo