The donor stated in the EPA: “I delegate all my trustee functions and powers whether conferred by statute, general law or a trust instrument to my attorneys”. On the application of the attorney the court determined that the provision was ineffective as part of an EPA and severed it. [OPG summary - EPA case.]

Note

The summary above is taken from the OPG website. It is listed under the heading "Delegation of trustee functions" as "Re Heartfield (an order of the Senior Judge made on 17 June 2008)".

External link

Not on Bailii - there was no written judgment

Summary on OPG section of Justice website