SQE Daily.

Relief from liability for breach of trust: Trustee Act 1925 s.61

Agnes Kirby, an unpaid lay trustee of a small family trust in England, distributed £30,000 to a beneficiary in reliance on written advice from the trust's solicitors that the beneficiary was entitled. The advice was wrong and the payment was a breach of trust. Agnes acted in good faith, followed the advice carefully, and had no reason to doubt it. The trust deed contains no exemption clause. The other beneficiaries now sue her.

On what basis may the court relieve Agnes from personal liability?

Choose one answer to see the reasoning.

  1. Trusts · FLK2No. L296

    Limitation for breach of trust: future interests and s.21(3) Limitation Act 1980

    Is Quentin's claim time-barred?

  2. Trusts · FLK2No. L297

    Tracing into a mixed bank account: the lowest intermediate balance rule

    What is the maximum amount the beneficiaries can claim from the account by tracing?

  3. Trusts · FLK2No. 40

    Statutory power of advancement: up to the whole presumptive share (Trustee Act 1925 s.32)

    Which of the following best describes the trustees' power under section 32 of the Trustee Act 1925?