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I want information! Beneficiaries' basic right or court controlled discretion?
Citation
Dal Pont, GE, I want information! Beneficiaries' basic right or court controlled discretion?, University of Tasmania Law Review, 32, (1) pp. 52-69. ISSN 0082-2108 (2013) [Refereed Article]
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Copyright Statement
Copyright 2013 Law School, University of Tasmania
Official URL: http://www.utas.edu.au/law/centres/university-of-t...
Abstract
Core to the concept of a trust is that its beneficiaries have an entitlement
to secure its proper administration. Essential to the effective exercise of
this entitJement is the ability to access information relating to the
management of the trust property. The notion that beneficiaries have an
equitable interest in the trust property traditionally translated into
beneficiaries' access to trust lnfonnation being perceived as evincing a
proprietary foundation. This has been challenged in the last decade o.- so,
in large part as a result of the incidents of the modern discretionary trust.
In its place suggestions have been made for a broad curial discretion to
govern beneficiaries' access to trust information. This article queries
moves in this direction, not only as inconsistent with the nature of a trust
but for fear of prompting greater litigation over trusts.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Research Division: | Law and Legal Studies |
| Research Group: | Law |
| Research Field: | Equity and Trusts Law |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Justice and the Law |
| Objective Field: | Justice and the Law not elsewhere classified |
| UTAS Author: | Dal Pont, GE (Professor Gino Dal Pont) |
| ID Code: | 88336 |
| Year Published: | 2013 |
| Deposited By: | Law |
| Deposited On: | 2014-01-29 |
| Last Modified: | 2015-01-02 |
| Downloads: | 1 View Download Statistics |
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