Friday, September 8, 2017
Article on Competing Views on Illusory Trusts: The Clayton V Clayton Litigation in Its Wider Context
Mark J. Bennett recently published an Article entitled, Competing Views on Illusory Trusts: The Clayton V Clayton Litigation in Its Wider Context, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:
This article considers the concept of a trust that is 'illusory' - not in fact a trust - due to the settlor or trustee being provided with excessive powers of control or benefit by the trust deed. The New Zealand case Clayton v Clayton  NZSC 29 and the earlier decisions are examined, in the context of the literature on settlor control and the irreducible core of the trust.
Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) for bringing this article to my attention.