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 (In Press)
It is advisable to refer to the publisher's version if you intend to cite from this work. See Guidance on citing. Abstract/SummaryArgues 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.
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