Personal claim for compensation against a trustee who is in breach of trust - Any relief from liability? (defences) - Consent of the beneficiaries

4 important questions on Personal claim for compensation against a trustee who is in breach of trust - Any relief from liability? (defences) - Consent of the beneficiaries

Can a beneficiary consent if they are under the age of 18?

If the beneficiaries are not sui juris (age of independence) consent cannot be obtained.

Is it necessary for the beneciary to know that he is consenting to a breach or is it enough that he understoos what he was agreeing to?

The beneficiary need not know that he is consenting to a breach of trust 'provided he fully understands what is concurring in' (Re Pauling's St).

If the court finds that the beneficary consented to the breach, what will the court order the liable beneficiary to do?

The court may order the impounding of the beneficiary's beneficial interest to meet the claim under its inherent jurisdiction if the beneficiary instigated or requested the breach or if they instigated or requested or consented to the breach in writing under s 62 Trustee Act 1925.
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Once the beneficiary's share of the trust is used to settle the claim, what happens to any balance of liability?

Any balance of liability will be shared between the trustees in breach.

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