Book Chapter

Beneficiaries’ Consent to Trustees’ Unauthorised Acts

Ying Liew, C Mitchell

Defences in Equity | Hart Publishing | Published : 2018

Abstract

Trustees are not liable for breach of trust to a sui juris and fully informed beneficiary who has consented to the breach. Moreover, such a beneficiary may have his interest impounded to indemnify the trustees against any liability which they incur to other beneficiaries who have not consented to the breach. For the purpose of these rules, the beneficiary’s ‘consent ’ can take various forms, including instigation, concurrence, acquiescence, adoption, confirmation and release, and the rules shielding trustees from liability may work differently according to the type of ‘ consent ’ which the beneficiary has given. Many cases, such as the instigation and concurrence cases, can be explained as a..

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University of Melbourne Researchers

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