Testamentary trusts and the rule against capricious purposes: an underlying rationale?

Mark Pawlowski, James Brown

Research output: Contribution to journalArticlepeer-review

Abstract

This paper examines the rule against capricious purpose trusts and examines its application in English law but more particularly drawing upon the experiences of other common law jurisdictions and seeks to create a rationale for the operation o the doctrine in the common law world.
Original languageEnglish
Pages (from-to)109-119
Number of pages11
JournalTrust Law International
Volume26
Issue number3
Publication statusPublished - 2012

Keywords

  • United States
  • Canada
  • Australia
  • capriciousness
  • comparative law
  • enforcement
  • purpose trusts
  • Scotland

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