ABSTRACT

The beneficiary is an essential part of the trust. Quite literally the trust property must be held by the trustee for the benefit of some person. As we shall see in this chapter, the beneficiary has both rights against the trustee personally and also proprietary rights in the trust fund. Thus, a trust constitutes a web of complex rights and obligations between persons and in property. This chapter will focus most particularly on the nature of the rights which the beneficiary acquires. The ensuing Chapter 5 considers the obligations which are borne by the trustee and Chapter 10 will consider what forms of remedy are available in a case of breach of trust.