Shergill and others v Khaira and others [2014] UKSC 33, [2014] All ER (D) 83 (Jun)
It was established law that, first, trustees who had been appointed under the terms of a trust deed could not challenge the validity of the deed. That would presumably be justified on the ground that the only basis upon which they had any title to involve themselves in the affairs of the trust was as trustees, and they could not therefore impugn the very document under which they had achieved that status. They would be almost tantamount to denying their own title. Second, where a charitable trust was initially created by donors in general or vague terms, it was open to the trustee to execute a more specific deed which limited the terms of the trust, provided it did not conflict with the terms on which the donors had made their donations—and that a challenge to any terms of the specific deed had to be made by the Attorney-General (or possibly by the donors). Where those principles applied, it seemed that trustees had to have the power to include new provisions in
