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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert
Practice notes

°Õ°ù³Ü²õ³Ù±ð±ð²õ—d³Ü³Ù¾±±ð²õ


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert

Practice notes
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Nature of duties

The difference between a duty and a power is:

  1. •

    the performance of a duty is obligatory

  2. •

    powers are to a greater or lesser degree discretionary in nature

The nature of a trustee's duty towards a Beneficiary is Fiduciary.

The court will not normally compel the exercise of a power against the trustee's wishes but it will compel performance of such powers attached to a trust as are of the nature of a trust or obligation, as stated in McPhail v Doulton:

'Where duty and power are coupled the court can compel the trustees to perform the duty.'

A trustee who fails to carry out their duties will be in Breach of trust.

Trust property

The common law duty

A trustee must enquire as to the trust property, take control of it and thereafter ensure its Preservation:

  1. •

    where there is more than one trustee, title to trust property must be vested in the joint names of all of them

  2. •

    if any part of the trust property is outstanding, the trustees must press for

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Jurisdiction(s):
United Kingdom
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Key definition:
Beneficiary definition
What does Beneficiary mean?

A person who has a interest'>beneficial interest in property under a trust.

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