What is a “Breach of Trust?”

If the Trustees do not act in accordance with the express or implied terms of the Trust, they can be sued for a breach of that Trust. If, for example, they have not insured a property in the Trust and ought to have done; if they have sold a property at an under-value; if they have sought personal advantage from their activities as Trustee; if they have been reckless about implementing the wishes of the settlor as expressed in the Trust; if they have preferred one creditor to the detriment of the other. These are all examples of breaches, in particular circumstances. It is all a matter of “trust.”

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