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United Kingdom certainty of objectsadministrative unworkabilitytrustees powers

Benjimen Jennings & Anor v Graham Appleby

[2026] EWHC 1161 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court (Chancery Division), Business and Property Courts
Year2026
StatusPersuasive authority

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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