Muddying the Waters Further: Kennon v Spry - 'Ownership', 'Control' and the Discretionary Trust

Australian Bar Review, 32 173-179

Posted: 26 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2009

Abstract

In this article the author looks at how a recent stream of authority, particularly Kennon v Spry, has muddied the waters with respect to the position of the object of a discretionary trust. This has cast doubt on the conventional long-term view that the beneficiary of a discretionary trust does not enjoy a proprietary interest in any of the assets of the trust, or in the trust funds as a whole.

JEL Classification: K00

Suggested Citation

Aitken, Lee, Muddying the Waters Further: Kennon v Spry - 'Ownership', 'Control' and the Discretionary Trust (2009). Australian Bar Review, 32 173-179. Available at SSRN: https://ssrn.com/abstract=2622809

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

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