The recent case of WBD(TC) LTD v Glenn [2021] is one of the very few cases of the last century to consider and clarify the application of the statutory power of advancement conferred on trustees by Section 32 of the Trustee Act 1925.

This article does not seek to replicate that analysis here. Instead, the intention is to put powers of advancement and the value of their analysis into context.

Trustee's powers of advancement

Preserving flexibility is key to the drafting of a modern trust deed. Trustees need to be able to respond to changing circumstances during the lives of their beneficiaries â...