ABSTRACT
This chapter represents something of a ‘sweeping up’ of several issues that have not been dealt with so far. Necessarily, in the subjects considered in previous chapters, much has been said about the responsibilities of trustees, their duties towards the beneficiaries and the powers they enjoy in respect of the trust property. Many of these responsibilities are of a general nature – such as the duty to respect the terms of the trust and the power to choose beneficiaries under a discretionary trust – and they should not be forgotten in any general discussion of the nature of trusteeship and the extent of the trustee’s powers and duties. In particular, in Chapter 6, we examined the trustee’s duty not to make a profit from the trust and this forms an integral part of any discussion of trustee’s duties. Thus, it must not be thought that the specific matters considered in this chapter are the only attributes of trusteeship nor, indeed, should it be assumed that there is any essential thread that ties together the matters dealt with below in a way that excludes consideration of other issues.
