CAN THE BENEFICIARY CLAIM AGAINST PERSONAL REPRESENTATIVES?

Unhappy beneficiaries can bring proceedings against their Trustees to seek restitution to the Trust Fund or compensation on the basis that the executors or personal representatives have acted in breach of their fiduciary duty to wards the beneficiaries. They need to consider whether there has been a breach of Trust causing quantifiable loss. Regard must be had to the limitation period and the concept of Laches. A Trustee may rely upon Section 61 of the Trustee Act 1925 to relieve him of his liability.

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