The Illusory Trust Doctrine: Formal or Substantive?

Victoria University of Wellington Law Review, Forthcoming

29 Pages Posted: 1 Jul 2020

See all articles by Mark J. Bennett

Mark J. Bennett

Victoria University of Wellington - Faculty of Law

Date Written: June 9, 2020

Abstract

This paper argues that the illusory trust doctrine is an exercise in formal reasoning according to principles of trusts law, rather than a substantive flight to substance.

Keywords: illusory trust, 'true effect of the deed', settlor control, trusts law, protectors, beneficiaries, fiduciaries

JEL Classification: K11

Suggested Citation

Bennett, Mark J., The Illusory Trust Doctrine: Formal or Substantive? (June 9, 2020). Victoria University of Wellington Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3622922 or http://dx.doi.org/10.2139/ssrn.3622922

Mark J. Bennett (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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