ABSTRACT

Trustees are managers, stewards and fiduciaries: they act on behalf of the beneficiaries in the beneficiaries’ interests. Therefore, they need to have powers to carry out their duties. We have already considered investment powers in the previous chapter, and powers to appoint and advanced property in Chapter 3 Certainties. This chapter considers the general management powers of trustees, including their ability to delegate their responsibilities, their ability to seek a variation of the terms of the trust, and their powers to cope with beneficiaries getting into difficulties by maintaining them. In Chapter 8 we treated trustees as people who are hemmed in by duties and obligations so as to protect their beneficiaries. In this chapter we consider them as actors with powers.