ABSTRACT
This chapter is concerned with trustees’ powers, whereas the previous two chapters have focused primarily on the trustees’ obligations and only considered their powers in relation to the investment of the trust property. There are two contexts in which trustees have powers. 1 The fi rst context was considered in Chapter 3 in relation to the powers granted to trustees or other fi duciaries in relation to the administration of property: that is, the distinction between trust obligations, discretionary trust powers, fi duciary mere powers and personal powers. The second context relates to the inherent capabilities of trustees in general terms, beyond any specifi c provision in a trust instrument. This chapter is concerned with this second form of power. 2 The trustee is the legal owner of the trust property and as such must have a number of powers to use that property, beyond any rights or powers set out in the trust instrument. General powers granted by the law of trusts supplement the trust instrument, 3 where those powers are not expressly excluded by the trust instrument or are not inconsistent with the terms of that instrument. 4 Of particular importance in practice are the powers of maintenance and advancement, considered in section 10.2 below, and the power to delegate, considered in section 10.3.
