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Abstract

[extract] My contention in this paper has been that control over all trusts by the courts is indispensable. For that reason, there must be the means of bringing cases of suspected maladministration (and illegality) to the attention of the courts. Otherwise, review of discretions cannot occur where it is needed. Although settlors may choose trusts in forms that are loose, in the last resort the need for control must take precedence over the wish for secrecy. The existing law does not always provide the necessary means for controlling trustees, and changes in the law are desirable.

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