Trustees’ powers – how far can the court help?

Modern wills and trust deeds invariably confer wide powers, and discretions upon the trustees. Some clients may cavil at the length of the documentation, and some academics may question whether trustees should be freed so completely from the limitations imposed by the general trust law. Practitioners who have had experience of the problems that can arise when provisions of a doubtless admirably concise but old fashioned trust has to be applied will understand all too clearly the possible problems. The possible problems, and the limited extent to which the Court can assist, have been illustrated in Sutton v England (2009) EWHC 3270 CH.