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Trusts: Enforcing private purpose trusts

Trusts: Enforcing private purpose trusts

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2019) Trusts: Enforcing private purpose trusts. Trusts and Estates Law & Tax Journal (205). pp. 4-6. ISSN 1743-5501

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The article examines the possibility of using the mechanism of a residuary legatee in order to enforce a trust for non-charitable purposes. It also considers making the settlor himself a residuary legatee under the trust so as to effectively re-activate his standing to enforce the trust qua residuary beneficiary. Moreover, to secure performance of the trust beyond the settlor's lifetime, it is argued that the settlor should make a will leaving their residuary interest to an appropriate beneficiary so as to continue their role of enforcer of the trust until such time as the trust period comes to an end. In the absence of a testamentary disposition, the settlor's interest as residuary legatee will, upon an intestacy, pass automatically to their spouse or child(ren) who will be capable of enforcing the trust.

Item Type: Article
Uncontrolled Keywords: purpose trusts, enforcement, settlor residuary legatee, will, intestacy, perpetuity period
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 Apr 2019 00:46

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