ABSTRACT
A trustee is liable for breach of trust if he fails to perform his duties, either by omitting to do any act which he ought to do, or by doing an act which he ought not to do. Such duties may be created by the settlor in the trust instrument or may be imposed generally in accordance with trust law. Trustees’ liability for breach of trust is based on the principle of restitution or restoring to the trust estate losses connected with trust assets and funds that the trustees wrongfully dealt with in breach of trust. Trustees are under a duty to act jointly and unanimously. In principle, each trustee has an equal role and standing in the administration of the trust. Accordingly, if a breach of trust has occurred each trustee is equally liable or the trustees are collectively liable to the beneficiary.
