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I want information! Beneficiaries' basic right or court controlled discretion?


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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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:Private law and civil obligations
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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