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Judicious encouragement or judicial bullying?

Mitchell, C; (2017) Judicious encouragement or judicial bullying? Conveyancer and Property Lawyer , 2017 (4) pp. 287-295. Green open access

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Abstract

Examines the concern that judicial encouragement to the trustees of discretionary trusts to exercise their dispositive powers in favour of individual beneficiaries, thereby making resources available to satisfy an ancillary relief order, can amount to "bullying" that endangers basic trust law principles. Considers how trustees might assess a divorcing beneficiary's request for a disposition in the absence of this judicial interference.

Type: Article
Title: Judicious encouragement or judicial bullying?
Open access status: An open access version is available from UCL Discovery
Publisher version: http://www.sweetandmaxwell.co.uk/Catalogue/Product...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Beneficiaries; Discretionary trusts; Disposition of property; Divorce; Financial orders; Judicial decision-making; Trustees' powers and duties
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1561630
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