Confirms that a testator cannot effectively dispose of assets held by a corporate trustee of a discretionary trust through their will, even where the testator holds all shares in the trustee company, unless the testator possessed a general power of appointment over those assets. Practitioners advising clients with discretionary trust structures must ensure inter vivos steps are taken to effect intended distributions rather than relying on testamentary directions to corporate trustees.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.