SQE Daily.

Firm's own error in a trust matter: openness and own interest conflict (Code 6.1, 7.11)

A firm acts for the trustees of the Ashdown family trust. Two years ago the trustees instructed the firm to invest £400,000 of trust money in line with a written investment strategy. An associate forgot, and the money has sat in a non-interest-bearing account ever since, causing the trust a significant loss. The trustees have not noticed. The supervising partner suggests either saying nothing and quietly investing the money now, or telling the trustees and asking them to sign a consent letter so that the firm can keep acting on all trust matters, including any claim arising from the error.

Which of the following best describes what the firm should do?

Choose one answer to see the reasoning.

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