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Bond v Pickford

[1983] STC 517

Case summary last updated at 21/02/2020 19:52 by the Oxbridge Notes in-house law team.

Judgement for the case Bond v Pickford

·   Slade LJ says doesn’t turn on distinction whether mere power of advancement or full-blown power of appointment. Suggests distinction whether power in the narrow form or power in wider form. Power in the wider form is a power which does expressly or by nec implication authorise the trustee to remove the assets altogether from trusts of the original settlement and do so without making any person absolutely beneficially entitled. Exercise of  narrower form power does not create new settlement. Whether the new trusts are exhaustive is an important factor but not decisive- one of the things to be taken into account. 
·   Edwin- seems odd that can create new settlement simply by exercise of power in old settlement.

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