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A practical perspective on proper purpose
The International Family Offices Journal
Vol. 8 - Iss. 4 pp. 4–9
Jun 2024
The mitigation of interpersonal, financial and legal risk is a particular theme of this issue. Emma Holland and Judith Swinhoe-Standen provide a consideration of a recent case about the 'proper purpose' of trusts. Trustees should be aware of this since the exercise of powers contrary to the (often elusive) proper purpose(s) of a trust can be found void. Careful consideration will need to be given to what the settlor intended to minimise the risk of challenge by the beneficiaries.