WHAT ARE EXAMPLES OF BREACH OF TRUST?

  • Selling property at an undervalue;
  • Failing to dispose of depreciating assets;
  • Using Assets for his own use;
  • Investing totally unwisely;
  • Failing to discharge debts;
  • Failing to account for profits.

The onus upon an executor is not inconsiderable. He must act in good faith and appreciate a fiduciary duty towards the beneficiaries. He has a duty of loyalty and fidelity towards the beneficiaries.

The Court also has wide-ranging powers to direct such accounts and inquiries as it considers necessary to enable the administration of the Estate to be carried out. Under CPR 40, the Court may of its own volition order Accounts and Inquiries.

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