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certainty of objectsadministrative unworkabilitytrustees powers
Benjimen Jennings & Anor v Graham Appleby
[2026] EWHC 1161 (Ch)
Key Principle
The administrative unworkability of a discretionary trust falls to be determined conclusively as at the date the trust is created, so a trust valid when settled does not become void merely because the beneficiary class later expands to an unmanageable size; the appropriate response to supervening unworkability is the exercise by trustees of their powers of appointment or termination, which the court may approve.
Area of Law
General
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