The irreducible core of trustee duties in East Asian trusts

Lee, J. (2021) The irreducible core of trustee duties in East Asian trusts. Trusts and Trustees, 27(4), pp. 302-310. (doi: 10.1093/tandt/ttab013)

Abstract

This article examines the idea of the “irreducible core” of trustee duties in relation to East Asian trusts. Although the Japanese Trust Act of 2006 has designated many duties as non-core, the extent of reduction is far from certain. This is because regulatory law continues to apply, as well as the court’s policy interest in giving effect to the trust only where this is intended by the parties. The New Zealand Trust Act of 2019, which highlights the centrality of good faith rather than self-denial, clearly identifies the duties which stand at the core of the Japanese and Chinese trusts.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Lee, Dr Joyman
• Authors: Lee, J.
• College/School: College of Social Sciences > School of Law
• Journal Name: Trusts and Trustees
• Publisher: Oxford University Press
• ISSN: 1363-1780
• ISSN (Online): 1752-2110
• Published Online: 08 April 2021
• Copyright Holders: Copyright © 2021 The Author
• First Published: First published in Trusts and Trustees 27(4):302-310
• Publisher Policy: Reproduced under a Creative Commons License