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Trusts: Folly Engaged

Trusts: Folly Engaged

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2016) Trusts: Folly Engaged. Trusts and Estates Law & Tax Journal (179). pp. 4-6. ISSN 1743-5501

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The notion that a trust may fail because it serves no useful purpose or reflects merely the whim or fancy of the testator seems to fly in the face of testamentary freedom and, in particular, the testator’s right to dispose of their estate in whatever manner they choose, subject only to the court’s control over illegal or immoral conditions and the making of reasonable financial provision for their family and dependants. So how have the courts grappled with these two competing aspects of public policy?

Item Type: Article
Uncontrolled Keywords: Testamentary trusts; enforcement; public policy; useless or capricious purposes; rationale
Subjects: K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
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Last Modified: 21 Feb 2018 11:15

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