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KembaraXtra – Legal Terms – Power in the Nature of a Trust
A power in the nature of a trust is a power that carries obligations similar to those of a trustee.
Although technically discretionary, the holder is expected to consider exercising the power properly.
The courts may supervise the exercise of such powers to prevent abuse or neglect.
This concept commonly arises in trust law and estate administration.
It differs from a purely personal or unrestricted discretionary power.
A power in the nature of a trust is a power that carries obligations similar to those of a trustee.
Although technically discretionary, the holder is expected to consider exercising the power properly.
The courts may supervise the exercise of such powers to prevent abuse or neglect.
This concept commonly arises in trust law and estate administration.
It differs from a purely personal or unrestricted discretionary power.
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