England and Wales

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In Pitt v Holt [2010] EWCA Civ 197, the Court of Appeal stated that the so-called rule in Hastings-Bass is not a correct statement of the law. Where trustees purport to exercise a discretionary power outside the scope of their power, the exercise is void. If they act within the terms of their power, but they are in breach of their fiduciary duties in respect of the exercise of the power, for instance by not taking into account matters that should have been taken into account (such as the tax consequences), the exercise may be voidable by the court at the instance of a beneficiary who is adversely affected.

1. INTRODUCTION

A. Background

The United Kingdom (UK) of Great Britain and Northern Ireland contains three major legal jurisdictions: England and Wales, Northern Ireland, and Scotland. England and Wales form one jurisdiction; Wales has not had its own legal system distinct from England since medieval times.

Information about the laws of trusts and estates is found in the jurisdictional summaries of England & Wales, Ireland and Scotland. Legal system, taxation and other matters (anti-money laundering) relating to the UK are found in the UK summary.

The currency is the UK pound (GBP).

Editorial Board
Clare Archer TEP
Penningtons LLP, London, England
Christopher Cooke TEP
Rooks Rider LLP, London, England
Simon Jennings TEP
Rawlinson & Hunter, London, England
Sue Moore TEP
Sue Moore Tax, Leicester, England
Leigh Sagar TEP
New Square Chambers, London, England

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