Challenging the exercise of dispositive powers in trusts

Aim

To assist practitioners in advising trustees and beneficiaries on the correct manner in which to approach the exercise of dispositive powers and to consider what happens when things go wrong.

Outcome

Participants will be able to assess whether there is a risk that a conflict of interest or a breach of trust has occurred by how things have been handled and whether to challenge it.

Agenda    

• Formalities of exercising dispositive powers
• Has self-interest collided with duty?
• Do reasons have to be given for decisions?
• Can the Chancery court give directions?
• Remedies for beneficiaries
• Limitations