With Power Comes Responsibility: Mazzoleni v Summerhill

Abstract

The exercise of a power held in a fiduciary capacity can be open to challenge in court. In Mazzoleni v Summerhill Trust Company (Isle of Man) Limited (2021) 2DS 2021/3 the Isle of Man High Court tackled the decision by a conflicted trustee not to appoint a protector who might have overseen its decisions. Was a trustee bound to appoint a protector in any case? And could a trustee be compelled to exercise a power to appoint a protector—even if the terms of the power were not mandatory?