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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Trusts and Powers

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ISBN13: 9780421421707
ISBN: 0421421703
Published: June 1989
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

The relationship between trusts and powers frequently gives rise to complex problems in practice. David Maclean sets out with clarity and precision a full exposition of the general law.

  • The author, who is in practice in Australia, deals in detail with the English authorities before noting the points of difference between English and Australian law.

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Equity and Trusts
What kinds of powers are trustees of discretionary trusts permitted to hold?
What rules apply to the exercise of discretion by trustees?
The equitable doctrine of fraud on a power.
Trustees' powers of appointment.
The exercise of discretions and powers.
Fraud on a power.
Variation of discretionary trusts pursuant to statute.