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Testamentary trusts and capricious testators

Testamentary trusts and capricious testators

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2020) Testamentary trusts and capricious testators. Trusts and Trustees, 26 (3). pp. 222-226. ISSN 1363-1780 (Print), 1752-2110 (Online) (doi:

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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 his estate in whatever manner he chooses subject only to the court’s control over illegal or immoral conditions and the making of reasonable financial provision for his family and dependants. So how have the courts grappled with these two competing aspects of public policy? The tension between these two competing aspects of public policy forms the subject matter of this article.

Item Type: Article
Additional Information: © The Author(s) (2020). Published by Oxford University Press. All rights reserved.
Uncontrolled Keywords: trusts, wills, testators, capricious purposes, estate property, public policy
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > Law & Criminology Research Group
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 03 Apr 2020 21:08
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None

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