Theories of the Trust and What They Might Mean for Beneficiary Rights to Information
Palmer, Jessica

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Cite this item:
Palmer J, "Theories of the Trust and What They Might Mean for Beneficiary Rights to Information" (2010) New Zealand Law Review 541-565.
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8680
Abstract:
The trust is a mental construct used to explain a type of guardianship of property. There are traditionally two ways to understand the trust - one sees the trust as creating proprietary rights and duties; the other as establishing personal rights and duties as between the trustee and beneficiary. This articles considers the evidence for both and argues that it is important to clarify the conceptual basis of the trust because it can affect the substance of trusts law. This point is illustrated by the various answers that have been given to the particular question of whether beneficiaries have a right to access trust information.
Date:
2010
Publisher:
Legal Research Foundation
Pages:
541-565
Keywords:
Trust law; Property law
Research Type:
Journal Article
Languages:
English
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- Journal Article [785]
- Law Collection [510]