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W301 UNIT 25-26c: Powers of Trustees

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The W301 UNIT 25-26c: Powers of Trustees mind map template provides a comprehensive overview of trustee powers under UK trust law, covering delegation, maintenance, and advancement. Designed for Open University Law W301 students, this 128-node template explores key statutory provisions including the Trustee Act 2000 and Trustee Act 1925. It details the distinction between collective and individual delegation, the rules for applying trust income for infant beneficiaries under s31 TA 1925, and the advancement of capital under s32 TA 1925. Key cases such as Pilkington v IRC [1964] and Turner v Corney (1841) are referenced to illustrate legal principles. The template emphasizes that dispositive powers like maintenance and advancement cannot be delegated, and that trustees should first look to the trust instrument for powers.

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When to use this template

Law students preparing for assessments on trustee delegation, maintenance, and advancement.

Studying for the Open University Law W301 exam on equity and trusts, particularly the powers of trustees.

Trust lawyers and legal advisors advising on trust administration.

Drafting or reviewing a trust deed to ensure compliance with statutory powers under the Trustee Acts.

Trustees and professional fiduciaries managing trusts.

Making decisions about delegating trustee functions or exercising powers of maintenance and advancement in practice.

How to use this template

Step 1

Open and explore the core branches

Open the template in Xmind to navigate the primary branches covering delegation, maintenance, and advancement under UK trust law.

Step 2

Review details and add personal annotations

Click on specific nodes to study statutory provisions and use the Notes feature to integrate your own case summaries or legal references.

Step 3

Customize the structure and export notes

Add new branches for additional jurisdiction-specific statutes before exporting the map as a PDF or image for your revision sessions.

Frequently asked questions

Collective delegation is governed by the Trustee Act 2000 and allows delegation of administrative decisions but not dispositive powers. Individual delegation falls under the Trustee Act 1925, Powers of Attorney Act 1971, and Trustee Delegation Act 1999, permitting delegation of any powers or discretions for up to 12 months, with the trustee remaining vicariously liable.

No, maintenance and advancement are dispositive powers and cannot be delegated. This is explicitly stated in s11(2) TA 2000 and reinforced in the template under 'Power of delegation' and 'NB'.

Section 31 allows trustees to apply reasonable part of trust income for an infant's maintenance, education, or benefit. For vested interests, the rest is accumulated; for contingent interests, the beneficiary becomes entitled to all income at 18 and receives capital at 21.

Advancement allows trustees to release capital to a beneficiary before they are strictly entitled, for purposes such as purchasing a home, education, or discharging debts. It is limited to half of the beneficiary's entitlement and requires consent from any prior interest holders.

Key cases include Pilkington v IRC [1964] (defining advancement as any use improving the beneficiary's material situation) and Turner v Corney (1841) (traditional rule against delegation).

Trustees should first check the trust instrument for any express powers. If none exist, they may apply to court under s57 TA 1925 or seek beneficiary authorization. Delegation must comply with statutory safeguards, including the duty of care in selecting agents.

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