The nature of Saunders v Vautier applications: does the court have a discretion to refuse?

Wilde, D. (2023) The nature of Saunders v Vautier applications: does the court have a discretion to refuse? Trust Law International, 37 (2). pp. 67-88. ISSN 0962-2624

Abstract/Summary

Argues the rule in Saunders v Vautier (allowing trust assets to be taken in disregard of trust terms) cannot be explained – as it usually is – as a right derived from equitable beneficial ‘ownership’: because such ownership is absent in many cases where the power is exercisable. And argues that the courts have a discretion to refuse Saunders v Vautier applications.

Item Type	Article
URI	https://reading-clone.eprints-hosting.org/id/eprint/112982
Refereed	Yes
Divisions	Arts, Humanities and Social Science > School of Law
Publisher	Bloomsbury Professional
Download/View statistics	View download statistics for this item