Opinion - A scintilla of control may hide the responsibility

Trusts exist in a variety of forms. A common feature of all trusts is an obligation, relating exclusively to property and based upon equity, that one person performs or forbears to do some act.

The due performance of this obligation which is laid at the door of the trustee indicates that the trustee must have some control over the trust property. Without a measure of control the trustee would be unable to deal with the property for the benefit of the beneficiaries. Whatever the nature of the trust this element of the control is of fundamental importance. Underhill and Hayton Law of Trusts and Trustees 15th Edition, p 27 states '... some scintilla of control is absolutely necessary to the existence of a trust ...'. This applies to Settled Land Act trustees where, even though the settled land is not vested in them, they may receive capital money in trust for persons entitled under the settlement.