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TRUSTS: Marwaha and others v Singh and others

Trustee - Duty of trustee - Charity

15 November 2013

Marwaha and others v Singh and others

[2013] WLR (D) 429

CA: Sir Terence Etherton C, Hallett, Sharp LJJ

6 November 2013

Where on the true construction of a trust, the trustees have a duty to exclude ineligible persons from membership and they breach that duty, the court is not prevented from intervening. The court has power to vary a scheme pursuant to the general supervisory power of the court in relation to charities.

The Court of Appeal so held when allowing an appeal, brought by several claimants,

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