Fraud on a Power: Patterns in the Mosaic

Abstract

It is axiomatic that a power of appointment can only be exercised for an authorised purpose. The fraud on a power doctrine is therefore engaged where a discretion is exercised for the ulterior purpose of conferring a benefit on persons who are not the contemplated objects. The relevant principles have been refined in different contexts and historical settings. The formative case law has produced some arcane distinctions and qualifications which -- from a modern perspective at least -- are difficult to reconcile. This article will analyse these apparent anomalies and assess the extent to which they are consistent with current perceptions of the doctrine