ABSTRACT
This chapter is concerned with the specific aspects of the trustee and the relationship with the beneficiaries of the trust. Trustees are obliged to act strictly within the scope of authority conferred on them by the trust instrument. The chapter provides a discussion on some of the main rights of a trustee. It explains the two aspects of liabilities of a trustee. First there is the question of liabilities for breach of trust and failure to perform duties. Secondly there is the question of a trustee being liable to third parties in respect of debts and other claims in carrying out the trust. The powers of the trustee set the scope of authority of the trustee in relation to the trust. Some powers are expressly or impliedly contained in the trust instrument, others are a consequence of the general functions of the trustee according to equity.
