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.
Dagan, Hanoch and Samet, Irit, What’s Wrong with Massively Discretionary Trusts (May 29, 2022), 138 Law Quarterly Review 629 (2022).
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