ABSTRACT
The trustees are obliged to administer the trust in accordance with its terms, as laid down in the trust instrument and the general law. A failure to do so will render them liable to a claim for breach of trust. However, circumstances may arise that require prudent trustees to depart from the terms of the trust. Indeed, the trustees may be duty bound to explore a departure from the terms of the trust. In such circumstances, the trustees are required to seek authority to deviate from the terms of the trust. There are a variety of sources of authority available to the trustees. A distinctive feature of these sources of authority is a departure from the terms of the trust in the administration of the trust and an alteration of beneficial interests.
