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Part III Modernity, 4 Administration

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 examines the first three aspects of the supervisory jurisdiction over trust administration, all of which come closest to the Court actually performing the trust. The first aspect is the general and partial administration of trusts, which is a continuation of the traditional means by which the Court facilitated the performance of trusts in Equity. In the second aspect, judicial advice and directions is given as to the duties and powers of trustees, which facilitates the due performance of trusts without the need for general or partial administration. Finally, in the third aspect, the Court exercises a trustee’s discretion that is surrendered to it by a trustee, thereby facilitating the performance of a trust by actually exercising the trustee’s discretion.

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