ABSTRACT
Having considered the requirements for a valid creation of a trust, in this chapter we move on to examine the duties and obligations of a trustee under a valid and enforceable trust. The trustee owes fiduciary obligations towards the beneficiary in the administration of the trust (see Chapter 8, especially 8.3). Certain clearly established duties have arisen from the fiduciary character of the relationship. These duties are strictly enforced by courts in order to protect the beneficiary against any potential abuse by a trustee. In considering whether conduct by a trustee constitutes a breach of trust, attention must be given not only to the equitable duties, but also to the terms of the trust deed, the application of any statutory provisions, and whether or not the beneficiaries have, on the facts, consented to the conduct.
