How important is the beneficiary principle in contemporary trust law
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How important is the beneficiary principle in contemporary trust law? Major conceptual developments have occurred in the law of trusts, but they have been accommodated with a varying degree of conviction within the traditional category1. Trust law has developed from the settlor's wishes to property, providing proprietary interests for the beneficiaries2, therefore the beneficiary principle has become central to the idea that the beneficiary is needed to enforce the trustees performance of their duties under the trust, because they hold a proprietary interest in the trust instrument, as well as the idea that with the existence of a beneficiary the court can enforce the trustee obligations to the trust. This has lead to tension to arise over the settlor's wishes with the "threat posed to the financial interests of beneficiaries by changing fiscal conditions"3. The principle falls under the certainty of object, which must exist in all trusts and some view...

