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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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Abstract

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 / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 21 Feb 2018 11:15
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/15717

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