Trusts & Trustees, Oxford University Press, Vol. 0, No. 0, pp.1-10

Outgoing trustees wish to draw a line under their duties—and, accordingly, seek a legally effective discharge.

Autores: Keith Wallace

What exactly is a discharge? Are there different kinds and attributes? How is one obtained—by statute, court process, beneficiaries or third parties? What are the consequences of a lack of discharge? Not only for the ‘undischarged’ trustee, but elsewhere? Does lack of discharge for an existing trustee impair subsequent otherwise legitimate actions of continuing or successor trustees? Historically, how did any trustee obtain a discharge? What legislation existed before the 1850 law? How has the ‘two-trustee’ replacement principle applied over the last two hundred years? How do fixed-term, ex officio, invalidly ‘appointed’ or constructive trustees exit with an effectual discharge?

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