Liability of trustees inter se in English law information
The Liability of trustees inter se in English law governs in what circumstances and to what extent a trustee in English trust law is liable for the acts and defaults of their co-trustees under English Law. In general trustees are under a duty to act jointly and have authority to act individually only if the trust instrument so provides. In principle therefore each trustee has an equal say in the management of the trust property and therefore in the event of a breach the trustees are jointly and severally liable for their actions.[1]
However, trustees are only liable for their own breach and so a unilateral action by one trustee that constitutes a breach of trust will not engage the liability of another trustee's.[2]
^Oakley, AJ (2008). Parker and Mellows: The Modern Law of Trusts. London: Thomson, Sweet & Maxwell. p. 880. ISBN 978-0-421-94590-6.
^Hayton, David; Mitchell, Charles (2005). Commentary and Cases of The law of Trusts and Equitable Remedies. London: Thompson, Sweet & Maxwell. pp. 757–758. ISBN 0-421-90190-X.
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