Posted by Amanda Noyce, Partner
Assisting a trustee in breach of trust
David* was the trustee of a family trust. He had failed to take proper legal advice when he agreed to act as trustee and had paid out money to one of the beneficiaries, Eleanor, when he should not have done.
We arranged for a settlement where the beneficiaries agreed that the trust would be wound-up, so that the sum that David released to Eleanor mistakenly, could be off-set against what Eleanor would have received had the trust been dealt with properly.
This enabled us to get a result that was in the interest of all parties, with all beneficiaries receiving ‘early’ payment and David’s liability being reduced.
*For confidentiality, we have protected the names of our clients.
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