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Trusts & Trustees Advance Access published online on June 8, 2009
Trusts & Trustees, doi:10.1093/tandt/ttp064
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© The Author (2009). Published by Oxford University Press. All rights reserved.

The irreducible core content of modern trust law

Terence Tan Zhong Wei*

In recent years, the emergence of the trust Protector and Enforcer, and the widespread use of devices like letter of wishes and settlor's reserved powers have enabled settlers to check the ever-widening powers and discretions of the trustee. However, these innovative instruments have also affected the fundamental understanding of the trust concept. This article argues for the presence of minimum requirements—in accordance with the obligational theory of trusts—in each of these instruments to ensure that their use will not jeopardize the very existence of the trust arrangement in which they function.

Correspondence: *Terence Tan Zhong Wei, final year student (academic year 2008–9), Concurrent Degree in Law (LLB) and Master in Public Policy, Faculty of Law & Lee Kuan Yew School of Public Policy, National University of Singapore. Tel: +65-93660084; Email: wei_terence{at}hotmail.com; Website: http://works.bepress.com/terence_tan/. The author is grateful to his parents and Maggie for their unwavering love and support.


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