Trustee Rights and Powers: A Taxonomical Analysis

Abstract

This article examines what differences there are, if any, between the rights and powers of a trustee. Although these terms are commonly applied to distinguish between various aspects of trusteeship, there is no clear explanation of the basis of this taxonomy. This article argues that there is no conceptual difference between these two terms, and that they should merely be seen as labels of convenience and convention. As a result, the law should be understood as giving trustees a range of abilities, with there being no principled difference between what are commonly called rights and powers. This conclusion not only answers an unresolved taxonomical issue, but may also have implications for statutory interpretation and the constraints that trustees have when they exercise functions vested in them.