“The execution of a trust shall be under the control of the court”: A Maxim in Modern Times
Richard C Nolan
This article examines the ancient, well attested, but largely unexamined, inherent jurisdiction of the court to supervise, and if necessary administer and execute, any trust. It considers the modern and inventive use of this jurisdiction, and its vital role in the juridification of innovative trust practice. The final section of the article draws out the significant theoretical implications of the court’s inherent jurisdiction and sets out an agenda for further research.