‘New world order for trusts?: The meaning of “prior interest” in section 32’

“The statutory power of advancement conferred by section 32 of the Trustee Act 1925 is a valuable tool for trustees given them as an aid to enable trust property to be used for the fullest benefit of a beneficiary with an interest in capital: see Lord Inglewood v IRC [1983] 1 WLR 366, 372–3 per Fox LJ, a judgment which contains a useful catalogue of ways in which the power has been exercised. But the power is not unrestricted: …” (more)

[Robert Ham QC, Wilberforce Chambers, 24 June]

First posted 2021-07-02 16:00:04

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