powers – Charles Cooper

Folds Farm Trustees Ltd v. Cutts [2024] EWHC 12 (Ch)

‘…the Trusts are disretionary… It is therefore unarguable that each of the children is entitled to an equal division of the assets of the Trusts, or that the trustees could only properly exercise their discretion by treating the beneficiaries equally. It is inherent in a discretionary trust that some beneficiaries may be treated more favourably…
Read more: Folds Farm Trustees Ltd v. Cutts [2024] EWHC 12 (Ch)
Adams v. FS Capital Ltd [2023] EWHC 1649 (Ch)

Disposal of trust assets at a likely undervalue void for being in breach of trust, the power of disposal having been exercised for an improper purpose of which the purchaser had notice, a Jersey court being likely to follow the decision of the English Court of Appeal in Cloutte v. Storey: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/1649
Read more: Adams v. FS Capital Ltd [2023] EWHC 1649 (Ch)
Grand View v. Wong [2022] UKPC 47

The purpose of the trust itself is of central importance to determining whether the use of a power to amend, even if within the scope of the express or implied terms, was for an ‘improper purpose’ i.e. a purpose other than those for which the power was conferred: https://www.jcpc.uk/cases/docs/jcpc-2020-0064-0065-judgment.pdf
Read more: Grand View v. Wong [2022] UKPC 47

Charles Cooper | Barrister