Personal claim for compensation against a trustee who is in breach of trust - Any relief from liability? (defences) - Limitation and Laches
3 important questions on Personal claim for compensation against a trustee who is in breach of trust - Any relief from liability? (defences) - Limitation and Laches
Can actions in respect of breach of trust be brought after six years from the date of the breach under s 21(3) Limitation Act 1980?
No, actions in respect of breach of trust cannot be brought after six years from the date of the breach unless by fraud or if the beneficiary is trying to recover from the trustee the proceeds of the trust, in which case there is no limitation.
When does the time to bring an action against a breach of trust start for the remainder beneficiaries (remaindermen)?
Time does not run until their interests fall into possession (when the life tenant dies).
Why is s 36(2) Limitation Act 1980 important in preventing claimants from succeeding where it would be inequitable?
S 36(2) refuses relief on the grounds of acquiescence (unreasonable delay in bringing a claim in respect of a breach), resulting in the defendant acting to their detriment.
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