Article: Rights of Objects of Powers

Alec J. Morris (University of Buckingham) recently published, Rights of Objects of Powers, 2025. Provided below is an Abstract:

Offering considerable flexibility regarding the distribution of trust assets, powers of appointment are music to the ears of many a trust-creator. Despite their popularity however, we have in recent times become sloppy in our discussions and analyses of these powers. Unfortunately, this imprecision has resulted in us having a distorted understanding not only of mere powers but of ‘discretionary trusts’ also. This chapter provides an in-depth analysis of powers of appointment with the aim of bringing much-needed precision to this area of law. After first detailing precisely what a ‘discretionary trust’ is, this chapter moves on to consider objects’ right to due administration of the trust and what grounds such a right. It is argued that, despite alternative views and arguments to the contrary, the ‘true intended beneficiaries’ approach is not only justifiable but is in fact the best means for understanding objects’ right to due administration of the trust.

https://lawprofessors.typepad.com/trusts_estates_prof/2025/06/article-rights-of-objects-of-powers.html