Compelling trustees to exercise their discretion: A principle of non-intervention?

This article explores the limitsof the principle of non-interference and examine situations where the courtshave overridden the discretion of the trustee and compelled the trustee to actin a particular manner. While there havebeen numerous instances where the courts have avoided the trustee’s act, t...

Full description

Saved in:
Bibliographic Details
Main Author: TANG, Hang Wu
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2018
Subjects:
Online Access:https://ink.library.smu.edu.sg/sol_research/2856
https://ink.library.smu.edu.sg/context/sol_research/article/4814/viewcontent/compelling_trustees_tang.pdf
Tags: Add Tag
No Tags, Be the first to tag this record!
Institution: Singapore Management University
Language: English
id sg-smu-ink.sol_research-4814
record_format dspace
spelling sg-smu-ink.sol_research-48142023-02-08T09:03:59Z Compelling trustees to exercise their discretion: A principle of non-intervention? TANG, Hang Wu This article explores the limitsof the principle of non-interference and examine situations where the courtshave overridden the discretion of the trustee and compelled the trustee to actin a particular manner. While there havebeen numerous instances where the courts have avoided the trustee’s act, thecases where the courts have actually compelled a trustee to exercise a power ina particular manner are relatively few. The thesis of this article is that amore helpful way to conceptualise the philosophy behind the judicial control ofa trustee’s discretion is not to say that the court is bound by a so-calledprinciple of non-interference; rather, the contention made here is that it ismore accurate to say that the courts will interfere if the trustee has abusedhis or her discretion. The advantage of statingthe rule in a positive form is that it makes it clear that the trustee’sdiscretion is not uncontrolled and the courts may interfere with the exerciseof the discretion in appropriate cases. 2018-11-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2856 https://ink.library.smu.edu.sg/context/sol_research/article/4814/viewcontent/compelling_trustees_tang.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Comparative and Foreign Law Estates and Trusts
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Comparative and Foreign Law
Estates and Trusts
spellingShingle Comparative and Foreign Law
Estates and Trusts
TANG, Hang Wu
Compelling trustees to exercise their discretion: A principle of non-intervention?
description This article explores the limitsof the principle of non-interference and examine situations where the courtshave overridden the discretion of the trustee and compelled the trustee to actin a particular manner. While there havebeen numerous instances where the courts have avoided the trustee’s act, thecases where the courts have actually compelled a trustee to exercise a power ina particular manner are relatively few. The thesis of this article is that amore helpful way to conceptualise the philosophy behind the judicial control ofa trustee’s discretion is not to say that the court is bound by a so-calledprinciple of non-interference; rather, the contention made here is that it ismore accurate to say that the courts will interfere if the trustee has abusedhis or her discretion. The advantage of statingthe rule in a positive form is that it makes it clear that the trustee’sdiscretion is not uncontrolled and the courts may interfere with the exerciseof the discretion in appropriate cases.
format text
author TANG, Hang Wu
author_facet TANG, Hang Wu
author_sort TANG, Hang Wu
title Compelling trustees to exercise their discretion: A principle of non-intervention?
title_short Compelling trustees to exercise their discretion: A principle of non-intervention?
title_full Compelling trustees to exercise their discretion: A principle of non-intervention?
title_fullStr Compelling trustees to exercise their discretion: A principle of non-intervention?
title_full_unstemmed Compelling trustees to exercise their discretion: A principle of non-intervention?
title_sort compelling trustees to exercise their discretion: a principle of non-intervention?
publisher Institutional Knowledge at Singapore Management University
publishDate 2018
url https://ink.library.smu.edu.sg/sol_research/2856
https://ink.library.smu.edu.sg/context/sol_research/article/4814/viewcontent/compelling_trustees_tang.pdf
_version_ 1772829571790405632