Trustees Duties and Powers: Nature, Statutory Duty, and Court Decisions
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Questions and Answers

What is the nature of a trustee's duties and powers?

  • Ethical and moral
  • Administrative and fiduciary (correct)
  • Professional and personal
  • Legal and financial

In Buttle v Saunders, what action led to the court finding that the trustee failed their duty?

  • Failing to maintain the property
  • Investing in an unsound financial scheme
  • Accepting a lower offer for the property
  • Rejecting the higher offer of the property (correct)

What are the discretionary powers of a trustee according to Turner v Turner?

  • Appointment, Termination, Revision
  • Duties, Liability, Statutory compliance
  • Investment, Delegation, Remuneration (correct)
  • Maintenance, Advancement, Exclusion clauses

What is the starting point for the sources of a trust instrument?

<p>The trust deed or will (D)</p> Signup and view all the answers

Under which statute does Section 36 TA 1925 give the power to appoint additional trustees?

<p>Trustee Act 1925 (D)</p> Signup and view all the answers

Who has the power to appoint additional trustees according to the text?

<p>Settlor, statute, beneficiaries (D)</p> Signup and view all the answers

What is the minimum age requirement for beneficiaries under TOLATA 1996?

<p>18 (C)</p> Signup and view all the answers

In trust law, what is the maximum number of trustees allowed for land?

<p>4 (A)</p> Signup and view all the answers

According to the Trustee Act 1925, what is the rule of survivorship applicable to joint tenant trustees?

<p>The trust assets go to the surviving joint tenant trustee(s) (D)</p> Signup and view all the answers

Under what circumstances can a trustee be removed from their position?

<p>By the court (D)</p> Signup and view all the answers

What does S.29 TA 2000 apply to in terms of trustees' remuneration?

<p>Professional trustees only (A)</p> Signup and view all the answers

According to Re Wragg, what duty do trustees have in terms of investment?

<p>A duty to invest based on standard investment criteria (C)</p> Signup and view all the answers

What must a trustee do before investing according to Webb v Jonas (1888)?

<p>Obtain and consider proper advice from a qualified person (B)</p> Signup and view all the answers

'The starting principle is that trustees may not delegate their responsibilities' - this principle applies unless:

<p>The trust deed allows delegation (A)</p> Signup and view all the answers

What happens if there is more than one trustee and they are in breach of their duties?

<p>They are jointly and severally liable for the breach (D)</p> Signup and view all the answers

When is the property automatically vested in a new trustee according to S.40 Trustee Act 1925?

<p>Once a deed appointing the new trustee is drawn up (D)</p> Signup and view all the answers

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