Name
Trustee Decision-Making: Navigating Uncertainty After Dawson-Damer
Date & Time
Wednesday, February 4, 2026, 3:30 PM - 4:10 PM
Description
This session explores the implications of the Privy Council’s decision in Dawson-Damer, which introduces new uncertainty around what constitutes adequate deliberation by trustees. The session will also examine how the decision intersects with blessing applications, judicial oversight, and the legal status of non-decisions in trust law, as seen in cases like W Trust. We will address the growing pressure on trustees to reach the “right” decision rather than exercising independent discretion, and the emerging tax implications of using variation applications to reverse previously irrevocable exclusions of beneficiaries.