Theories of the Trust and What They Might Mean for Beneficiary Rights to Information
Palmer J, "Theories of the Trust and What They Might Mean for Beneficiary Rights to Information" (2010) New Zealand Law Review 541-565
25 Pages Posted: 13 Mar 2018
Date Written: 2010
Abstract
The trust is a mental construct used to explain a type of guardianship of property. There are traditionally two ways to understand the trust - one sees the trust as creating proprietary rights and duties; the other as establishing personal rights and duties as between the trustee and beneficiary. This articles considers the evidence for both and argues that it is important to clarify the conceptual basis of the trust because it can affect the substance of trusts law. This point is illustrated by the various answers that have been given to the particular question of whether beneficiaries have a right to access trust information.
Keywords: trust law, property law
JEL Classification: K00, K10, K11
Suggested Citation: Suggested Citation