Abstract:
This article considers the concept of a trust that is ‘illusory’ – not in fact a trust – due to the settlor or trustee being provided with excessive powers of control or benefit by the trust deed. The New Zealand case Clayton v Clayton [2016] NZSC 29 and the earlier decisions are examined, in the context of the literature on settlor control and the irreducible core of the trust.
Bennett, Mark J, Competing Views on Illusory Trusts: The Clayton v Clayton Litigation in its Wider Context (June 1, 2017). (2017) 11 Journal of Equity pp 48-79.
First posted 2017-09-01 06:03:00
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