ABSTRACT
This article considers the issues that arise when powers under a trust are given to anyone other than trustees and why it is a difficult area that has given rise to a substantial amount of litigation. It summarizes the principal duties that generally apply to different types of powers and why labels such as ‘fiduciary’ or ‘personal’ are likely to be insufficient and may be misleading. It concludes by providing some suggested precedents to assist practitioners when drafting provisions setting out powerholders’ duties.
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Tony Pursall, Drafting powerholders’ duties: theory and practice, Trusts & Trustees. Published: 14 September 2026.
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