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What is the primary responsibility of trustees concerning the interests of beneficiaries?
Which ethical stance did the National Union of Mineworkers (NUM) take regarding investments during apartheid?
In the context of the Miner Workers Pension scheme, what alternate energy sources were considered relevant to their investment decisions?
According to s14B(2)(b), what type of investments are trustees required to avoid?
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What is one argument that the court found unconvincing regarding the Miner Workers Pension scheme's investments?
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What does the duty to act impartially between beneficiaries imply?
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Which of the following least represents a consideration in modern portfolio theory?
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Which investment was identified as being too hazardous and not acceptable in a diversified portfolio?
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What is the primary role of a trustee in relation to trust property?
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What must trustees do with trust funds within a specified timeframe according to modern standards?
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Which type of investment strategy is now emphasized in trust management to mitigate risks?
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In the absence of explicit powers in the trust deed, what was the traditional limitation placed on trustees regarding investment?
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What does the Trustee Act 1925 (NSW) emphasize regarding a trustee's investment powers?
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What is the required standard of conduct for professional trustees under the Trustee Act?
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Which of the following is a modern consideration for ethical investment in trusts?
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What is a primary focus of modern portfolio theory in investment management for trusts?
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What is the consequence of trustees failing to consider the needs of capital beneficiaries?
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What might a trustee consider when making investment decisions?
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Which of the following statements about diversification in trusts is accurate?
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Under what circumstance can a court consider an investment strategy when reviewing breaches of duty in relation to trustees?
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What is the significance of s90A in the context of breach of trust related to investments?
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What should trustees primarily keep in mind regarding ethical investment considerations?
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Which legal principle allows a trustee to avoid liability for certain breaches of trust?
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What is a central focus of modern portfolio theory as it relates to trust investments?
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Study Notes
Trustee Duties
- The best interests of beneficiaries include their financial interests as beneficiaries.
- Modern ethical investments consider environmental and social issues.
- There is a duty to invest trust funds in non-speculative or hazardous investments based on s14B(2)(b) of Trustee Act 1925 (NSW).
- Modern portfolio theory allows for speculative and hazardous investments as a part of a diversified portfolio.
- Certain investments may be so hazardous that they are not allowed, such as cryptocurrency and lottery tickets.
- There is a duty to act impartially between beneficiaries.
- Some investments may favor income beneficiaries over capital beneficiaries or vice versa.
- Trustees have a duty to take advice on investment when necessary, depending on the trust and the trustee's expertise.
### Matters to be Considered when Investing
- Trustees must consider various matters when investing, specifically outlined in s14C of the Trustee Act 1925 (NSW).
- These matters can be expressly excluded by the trust instrument, but if not, the trustee must comply with them.
- Factors to consider include the needs and circumstances of beneficiaries, the need for diversification, and any specific investment strategies outlined in the trust deed.
Exculpatory Provisions
- General principles of equity may excuse a trustee from breaches of trust.
- Specific provisions in relation to investment are also available.
- Section 90 of the Trustee Act 1925 (NSW) allows the court to consider investment strategy when determining if a trustee is in breach of a duty in relation to investment.
- Section 90A allows the court to set off losses from investments against gains from other investments. This is broader than the pre-legislative position, which allowed set-offs only within the same transaction or class of investment.
Trustee's Power of Investment
- Trustees are essentially managers of trust property.
- Since the 19th century, trustees have had a duty to invest trust funds rather than simply keeping them safe.
- Trustees have the power to invest trust funds within 6 months or less and actively manage investments.
- The trust deed typically gives powers of investment; however, historically, trustees could only invest in conservative assets like government bonds.
- Modern portfolio theory emphasizes diversification to mitigate risk, by investing in indexed funds that cover a wide range of shares.
- This theory has been adopted by trustee legislation, including in NSW.
- When considering investments, the trustee should consider the trust deed and if it provides specific instructions for investment. The instructions in the trust deed will override any conflicting legislation.
- Trustees have a duty to act in the best interest of beneficiaries, and to act prudently in financial decisions.
- The legislation requires trustees to act unanimously if there is disagreement between professional and non-professional trustees. If there is disagreement then a professional standard of conduct should apply, as per the legislation.
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Description
Explore the essential duties of trustees concerning their investment decisions, including the balance of beneficiaries' interests and modern ethical considerations. This quiz examines the legal framework established by the Trustee Act 1925 (NSW) and highlights key investment matters that trustees must consider.