… the question arises as to whether circumstances are such that it is time to abolish the rule in Saunders v Vautier? To answer this, though, requires determining the nature of the rule itself: is the rule the product of a public policy decision regarding the level of settlor interference trust law permits, and/or is it part of the essential core of trust law absent which the legal structure of the private trust will lose its doctrinal cohesion? A related question is, even if the rule was part of a mandatory core of trust law (insofar as it relates to private trusts), is it any longer in light of its operation in the modern social and economic context? This article will answer these questions, considering them from both the doctrinal and contextual perspectives. It will argue that the rule in Saunders v Vautier is not the direct product of a public policy choice; rather, it is simply the doctrinal result of the rule against perpetuities, and associated rules regarding restraints on alienation, and trust law’s recognition of a beneficiary’s interest in a trust as proprietary …
Derwent Coshott, ‘Contextualising the rule in Saunders v Vautier: a modern understanding’ (2020) 136 Law Quarterly Review (Oct) 658-681.