ABSTRACT

The office of trustee is subject to a wide ranging group of duties. A trustee has control of the trust property and is regarded as a fiduciary and, on that basis, owes a collection of special duties to the beneficiaries. The duties of a trustee are varied and extremely onerous. They are required to be executed with the utmost diligence and good faith. Otherwise he will be liable for breach of trust. The primary duty of the trustee is to comply with the terms of the trust and, subject thereto, to act in the best interests of the beneficiaries. Throughout the administration of the trust the trustee is required to exhibit an objective standard of skill as would be expected from an ordinary prudent man of business. Section 1 of the Trustee Act 2000 reformulates the duty of care that is applicable to powers exercisable by trustees to which the section relates.