Tuesday, July 18, 2023

Article: What’s Wrong with Massively Discretionary Trusts

Hanoch Dagan (Tel Aviv University) and Irit Samet (King’s College London, The Dickson Poon School of Law)  recently published an Article, What’s Wrong with Massively Discretionary Trusts, 138 Law Quarterly Review 629, 2022. Provided below is an abstract:

In this article we offer a theoretical analysis of the massively discretionary trust (MDT) from the perspective of the justice requirements imposed by a liberal conception of the state. We aim to show that conceptual, doctrinal or policy-driven analyses of this legal phenomenon cannot fully account for the profound way in which it undermines the legitimacy criteria of the trust relationship. Building upon our theory about the place of trusts in a liberal property regime, we aim to show why the MDT should not be recognised as a legitimate form of property holding in a liberal society.


Estate Planning – Generally, Trusts | Permalink


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