ABSTRACT
A trustee may be endowed with duties and powers. A duty is a mandatory obligation arising from the fiduciary status of the trustee or the terms of the trust deed. Alternatively, a power is a right which the trustee may choose to perform. A trustee is generally not bound to exercise a power, but will be obliged to give good consideration as to whether or not it should be exercised. A power must be conferred by the trust deed; a discretion will usually only arise where it has been specifically conferred. Examples of powers commonly conferred include: a power to invest the trust fund; a power to sell or purchase trust property; a power to issue maintenance or an advancement to a beneficiary who is not full age and capacity;1 a power to vary investments; a power to carry on a trust business; and, under a discretionary trust, a power to appoint beneficiaries from a particular class. Powers existing in this latter category may be special, hybrid (intermediate) or general (see Chapter 27, especially 27.5.3-6).
