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(p. 290) 9. Variation of Trusts and the Flexibility of Benefit 

(p. 290) 9. Variation of Trusts and the Flexibility of Benefit
(p. 290) 9. Variation of Trusts and the Flexibility of Benefit

Gary Watt

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date: 25 February 2020

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter addresses the question of to what extent beneficiaries may be able to take benefits under a trust despite limitations on their beneficial ownership, and to what extent limitations on their beneficial ownership may be varied or entirely removed. In short, it is concerned with the issue of ‘flexibility of benefit’. The discussions cover the powers of maintenance and advancement; variation of beneficial ownership; and the doctrine of cy près.

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