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Beneficiaries and trust information

Citation

Dal Pont, G, Beneficiaries and trust information, Australian Bar Review, 39 pp. 46-78. ISSN 0814-8589 (2014) [Refereed Article]


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Abstract

The nature of a beneficiary’s so-called ’interest’ under a trust has seen judicial scrutiny in recent times from the perspective of beneficiaries’ access to information relating to the trust and its administration. A traditional focus on aligning access to information with a proprietary right has come under criticism, to the extent that the Privy Council has advised that beneficiaries’ access to trust information should rest ultimately in the court’s discretion. The article investigates whether it is preferable, instead, to pursue a middle ground – starting with a core principle then qualified by exceptions – that avoids potentially misleading proprietary notions but at the same time does not leave trustees and beneficiaries to the uncertainty surrounding the exercise of judicial discretion.

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
Author:Dal Pont, G (Professor Gino Dal Pont)
ID Code:99130
Year Published:2014
Deposited By:Faculty of Law
Deposited On:2015-03-13
Last Modified:2015-08-13
Downloads:0

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