ABSTRACT
As Lord Browne-Wilkinson declared in Target Holdings v Redferns (1995): ‘The basic right of a beneficiary is to have the trust duly administered in accordance with the provisions of the trust, if any, and the general law.’ This right entitles the beneficiary to pursue a claim for breach of trust against a trustee who fails to administer the trust estate properly. The breach may entail the non-performance of any of the trustee’s duties or the abuse of any of his powers. It may be in the nature of a positive act (for example, misappropriation of trust funds) or may consist of some default or omission to act (for example, failure to recover debts due to the trust estate).
