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The nature of Saunders v Vautier applications: does the court have a discretion to refuse?

Wilde, D. (2023) The nature of Saunders v Vautier applications: does the court have a discretion to refuse? Trust Law International, 37 (2). pp. 67-88. ISSN 0962-2624

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Abstract/Summary

Argues the rule in Saunders v Vautier (allowing trust assets to be taken in disregard of trust terms) cannot be explained – as it usually is – as a right derived from equitable beneficial ‘ownership’: because such ownership is absent in many cases where the power is exercisable. And argues that the courts have a discretion to refuse Saunders v Vautier applications.

Item Type:Article
Refereed:Yes
Divisions:Arts, Humanities and Social Science > School of Law
ID Code:112982
Publisher:Bloomsbury Professional

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