With Power Comes Responsibility: Mazzoleni v Summerhill
Using the Mazzoleni v Summerhill Trust Company (Isle of Man) Limited (2021) 2DS 2021/3 case, the Isle of Man High Court tackled the decision by a conflicted trustee not to appoint a protector who might have overseen its decisions. Was a trustee bound to appoint a protector in any case? And could a trustee be compelled to exercise a power to appoint a protector—even if the terms of the power were not mandatory?
John Rimmer’s useful review of the arguments and legal points raised in this case has now been published by the Oxford University Press in Trusts and Trustees. You can read the full article here: