Blessing applications: a new interventionism?

The court’s traditional approach to applications by trustees to approve or ‘bless’ the exercise of their fiduciary discretions is one of judicial restraint, but in recent authority, there has been an increasing trend towards judicial intervention in the merits of the trustee’s decision.

This article by Andrew Holden for Trusts & Trustees analyses that trend and considers how practitioners can maximise the prospects of successfully securing the court’s blessing for important trustee decisions.

This article was first published in Trusts & Trustees, Volume 30, Issue 5, June 2024, Pages 248–257 on 13 April 2024.

To view the full article please click here.

Barristers

Andrew Holden