Trustees' Powers and Duties and Personal Liability for Breach - General Duties of Trustees

12 important questions on Trustees' Powers and Duties and Personal Liability for Breach - General Duties of Trustees

Duty #1: Duties on acceptance of the trust

Trustee must accept the trust after being appointed.

Duty #2: To Safeguard Trusts Assets

The trustee are responsible for safeguarding the trust assets for the benefit of the beneficiaries.

Duty #2: To Safeguard Trusts Assets

This duty also means that, if money is owed to the trust, the trustees must take all reasonable steps to ensure that the debt is discharged.
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Duty #3: Duty to Act Unanimously, Luke v South Kensington Hotel Co (1879)

Requires unanimous decision by the trustees, especially charity trustees and pension trustees.

Duty #4: Duty to Execute The Trust

In this duty, the trustee must consider from time to time whether to execute the trust (exercise of discretionary power of appointment).

Duty #5: Duty to Dispose of Trust Property Properly

Trust property must be disposed within a reasonable time.

***Trustees might avoid liability for improper disposal by seeking court's directions or under section 27 TA 1925.

Duty #6: Duty to Act Honestly, in Good Faith & Need to Be Fair

Honestly, good faith and fairness.

Duty #7: Duty to Use Powers for Proper Purposes

Give proper consideration on relevant matters

Duty #9: Duty to Exercise Care and Skill (see further for details)

  • at common law
  • by statute, section 1 TA 2000

Duty #10: Duty to Balance the Interests of the Life Tenant and Remaindermen

Consider the evenhandedness between beneficiaries.

Duty #11: Duty to Keep Accounts & to Provide Information (see further for details)

Includes a duty to inform beneficiaries of their entitlement.

Duties of Trustees of Land under TOLATA 1996

Duty to consult beneficiaries and to give effect to their wishes (section 11).

The question on the page originate from the summary of the following study material:

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