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Part II History, 2 Origins

From: The Supervisory Jurisdiction Over Trust Administration (1st Edition)

Daniel Clarry

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Performance of contract

This chapter talks about the origins of the supervisory jurisdiction over trust administration. The foundations of this jurisdiction began to take shape in the mid- to late 16th century, brought upon by two key enactments relating to uses and wills, after which time the Court oversaw the administration of active trusts. The ground was laid for supervisory powers to develop in the Court to overcome practical difficulties arising in trust administration even as trusts became increasingly complex and were deployed to fulfil a range of purposes. The chapter shows how the evolution of judicial supervision of trust administration was spurred on by the broader use of trusts for private and public endeavours that needed to be performed by trustees over a plane of time, as opposed to trusts being used for simple conveyancing.

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