Lord Tollemache v IRC [1926] 11 TC 277
Judgement for the case Lord Tollemache v IRC
Table Of Contents
Payments made in pursuance of a discretion count as the income of the beneficiary to whom they are paid.
Rowlatt
This Appellant had this house under the will.
It is true that the trustees had a discretion to permit him to live there or not [but]… when they permitted him to live there, then he took under the will…. Under the will he had a right to expect that the trustees should exercise their discretion. They exercised it, and, at the time when he was there, it has been his to live in. That is the principle laid down in Drummond v Collins.
When the trustees in that case exercised their discretion to send over the monies, the monies came to those children under that will.
RELATED CASES
For Further Study on Lord Tollemache v IRC
Equity notes fully updated for recent exams at Oxford and Cambridge. Th...
Need instant answers? Our AI exam tutor is here to help.
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedSimilar Cases
Related Product Samples
These product samples contain the same concepts we cover in this case.
| Trusts and Equity | Trust Remedies Including Tracing Knowing Receipt Trust Dutiies And Powers And Equitable Damages Notes (60 pages) |
Taxation Law notes fully updated for recent exams at Oxford and Cambrid...
Since 2010, Oxbridge Notes has been a trusted education marketplace, supplying high-quality materials from top achievers at universities like Oxford, Cambridge, LSE, Harvard, and Yale.