Hull on Estates Podcast #51 - The Trustee's Power to Encroach on Capital

Posted on March 20, 2007 by Hull & Hull LLP

Listen to "The Trustee's Power to Encroach on Capital"

Read the transcribed version of "The Trustee's Power to Encroach on Capital"

During Hull on Estates Episode #51, Ian Hull and Suzana Popovic-Montag discuss the circumstances surrounding a trustee's power to encroach on capital.

Ian and Suzana cover various principles which affect the power to encroach including the Armchair rule of construction, the Evenhand approach and the concept of malafides.

They also touch on various cases including the U.K. case of Gisbourne v. Gisbourne, and Fox v. Fox Estate (1994), 5 E.T.R. (2d) 174 (Ont. Ct. (Gen. Div.))

For more information on the power to encroach, see Ian's article in Estates, Trusts & Pensions Journal, "Discretion to Encroach: Do the Beneficiary's Personal Resources Matter?"

Tags: , , , , , , ,
Trackbacks (0) Links to blogs that reference this article Trackback URL
http://estatelaw.hullandhull.com/admin/trackback/26063
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.