Has X v A changed the principles established by Clore 40 years ago? Nicholas Le Poidevin reports

From time to time, the trustees of family trusts are asked to make a payment to a charity '“ not where the charity is expressed itself to be a beneficiary of the trust, but where the trustees have a power of appointment or advancement to benefit a given beneficiary and it is said that a gift to a charity will be for the benefit of that beneficiary.

A century ago, the young squire with a position to keep up was expected to be open-handed towards local causes and it was held proper for his trustees to fund such payments as being for his benefit (Re Walker [1901] 1 Ch 879 at 887). In the 1960s, the son of the tycoon Charles Clore asked trustees to exercise a power of advancement by paying over a much more significant sum, on...

Jean-Yves Gilg
Solicitors Journal

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