Discretionary Trusts - Administrative Unworkability and Capriciousness - Administrative Unworkability
3 important questions on Discretionary Trusts - Administrative Unworkability and Capriciousness - Administrative Unworkability
How does Lord Wilberforce define administrative unworkability in McPhail v Doulton?
The definition of beneficiaries is so hopelessly wide as not to form 'anything like a class' so that the trust is administratively unworkable' (Morice v Bishop of Durham).
Explain why a discretionary trust in Ex P West Yorkshire MCC was invalid despite being a conceptually and evidentially certain trust?
The discretionary trust was invalid because a class of 2.5 million people was too large and rendered it administratively unworkable.
Does administrative unworkability invalidate powers of appointment? What is the main authority for this?
Administrative unworkability does not invalidate the powers of appointment, which can technically be made to the entire world (Re Hay's ST).
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