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In brief, Trusts & Trustees, Volume 30, Issue 3, April 2024, Pages 109–110, https://doi.org/10.1093/tandt/ttae021
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Extract
Editorial
Account of profits—the link between profits earned and the breach of the fiduciary duty
Toby Graham and David Russell
Articles
New regulation of family foundations in Poland and their usefulness in intergenerational estate planning
Anna Moszyńska
Through the Family Foundation Act of 22 May 2023, a new institution of family (private) foundation has been introduced in the Polish legal system. This was long awaited, because while Polish law does not recognise either trusts or any trust-like institutions, the need for a legal instrument enabling intergenerational succession planning was relatively high. It is therefore not surprising that this new institution of family foundations quickly gained popularity. Presenting the most important rules introduced into Polish law allows us to point out the advantages and disadvantages of these new provisions.
Blessings: when worlds collide
David Mohyuddin and Daniel Burton
For over 100 years, the English Courts have entertained applications by trustees for directions, including to bless proposed “momentous” exercises of powers. Recently, this jurisdiction has extended through judicial decisions to corporate office-holders. The jurisdiction has received increasing scrutiny, not least in relation to the vexed question of immunity, resulting in the Court of Appeal’s recent decision in Denaxe Ltd v Cooper [2023] EWCA Civ 752, a case concerning Blackpool Football Club. This article considers the jurisdiction’s origins and expansion, before concluding that there are cogent reasons for its continued existence in relation to both trusts and the corporate sphere.
