ABSTRACT
In this article, the author considers the trajectory of beneficial ownership from traditional trusts to ‘massively discretionary trusts’ through the prism of modern trust law judgments and his own experience as an English solicitor with a Swiss background. The topic has already been examined by academics with opposing views1 and the author believes that practical considerations are an important key for the proper understanding of an issue that has far reaching implications for most modern trusts in existence, in particular where the settlor and beneficiaries have no connection with the common law system.
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Filippo Noseda, The contracting universe of equitable ownership in modern trust law – practical considerations, Trusts & Trustees. Published: 12 June 2025.
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