SQE Daily.

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

Victor Mensah, a trustee, had £5,000 of his own money in his personal bank account. In breach of trust he paid in £20,000 of trust money, making a balance of £25,000. He then spent £22,000 from the account on a holiday and living expenses, leaving £3,000. A month later he paid £10,000 of his own salary into the account, bringing the balance to £13,000. He did not intend the salary payment to replace the trust money. Victor is now bankrupt and the beneficiaries wish to make a proprietary claim to the money in the account.

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

Choose one answer to see the reasoning.

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