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Is there a contradiction between the duty of a trustee to act personally in the exercise of discretion and the power of trustee to delegate? In what circumstances should a trustee be held liable where the delegates harm the trust?
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Is there a contradiction between the duty of a trustee to act personally in the exercise of discretion and the power of trustee to delegate? In what circumstances should a trustee be held liable where the delegates harm the trust? The law of trust is part of the law of obligations. Trustees owe duties to both beneficiaries and settlor. The nature of these duties is various, ranging from a duty not to benefit from the trust, through to a duty to distribute the trust fund to duty to administer the trust in the best way possible. It is duties such as these that make trust operative and enforceable. In this respect it is least desirable that trustees should try and escape responsibility of their personal duty to act for the benefit of the beneficiaries. As delegation implies grant of power to be exercised in a discretionary way and often without supervision...
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