ABSTRACT
A breach of trust occurs where a trustee fails to perform any of his duties or improperly exercises any of his powers. The beneficiaries may proceed against a trustee who commits a breach even where the trustee believed that what he was doing was in the best interest of the trust: see Re Brogden [1888]; unless his act or omission constitutes a mere technical breach which the court would have authorised if leave been sought: see Lee v Brown [1798] and Brown v Smith [1878].
