Unit 4 fiduciaries

Subdecks (1)

Cards (19)

  • Trustees have a fiduciary relationship with beneficiaries, meaning they owe them certain duties such as loyalty, impartiality, prudence, confidentiality, and accounting.
  • A trustee cannot profit from their position unless authorized by law or the terms of the trust instrument.
  • The duty to act impartially means that trustees must treat all beneficiaries equally and not favor one over another.
  • Statutory and common law duties when looking after the running of a trust
  • No profit rule
    Bray v Ford (1896)
  • Consequences of breach of duty or exceeding powers

    Personal liability
  • Which trustees are liable and the extent
  • Defences / reliefs