ABSTRACT

OVERVIEW A trustee will be liable for breach of trust if that breach of trust causes a loss to the bene¿ ciaries. Such a trustee will be liable in the event of a breach of trust either, in the ¿ rst place, to restore the trust property which was passed away in breach of trust; or if that is not possible to reconstitute the value of the trust fund in cash to its level before the breach of trust, or to pay equitable compensation to the bene¿ ciaries . 1 There is an important distinction to be made here between proprietary liability and personal liability .