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LATEST VIEW LEGAL BLOG

  • We got the (mere) power**
    We got the (mere) power**
    The concept of a mere power as compared to a trust power under a family trust can be relatively complex.In basic terms, a mere power relates to the more administrative and mechanical aspects of the trust. It is discretionary in nature which a trustee can choose whether they exercise. In contrast trust powers go to the very heart of the trust instrument and the trustee is required to exercise.Often, the distinction between a mere power and a trust power is of no particular practical importance, however last week we had a situation where a purported variation to a trust deed was being challenged …
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