“McPhail v. Doulton” on Discretionary Trusts


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Essay #: 056473
Total text length is 14,619 characters (approximately 10.1 pages).

Excerpts from the Paper

The beginning:
"McPhail v. Doulton" on Discretionary Trusts
This seminal case on the establishment of discretionary trusts began in on the 17th day of July in 1941 when Bertram Baden executed a deed establishing a trust for the benefit of the staff of Mathew Hall and Company, Ltd. The settlor Baden died in April of 1960. The trust was for the general benefit of the staff of the settlor’s company and intended to distribute proceeds at the discretion of the administrators of the trust. The deed that established the trust was challenged in court by the executors of the estate, and in particular the provisions that established the discretionary trust. There were several clauses of the deed that established the trust, however clause 9 naming the...
The end:
McFarlane, Ben. (2008). “Certainty of Objects & Discretionary Trusts”. The Structure of Property Law. July 2008. hartpublishing.com. December 12, 2009. <http://www.hartpub.co.uk/companion/propertylaw/certainty.html>
McPhail v Doulton [1970] UKHL 1 (06 May 1970) <http://www.bailii.org/uk/cases/UKHL/1970/1.html>
O'Hagan, Patrick and Stein, Grant. “Purpose Trusts - An Offshore Perspective”. International Tax Planning Association. November 2009. ITPA.org. December 12, 2009. <http://www.itpa.org/open/archive/ohagan.html>