Breach of trust liability: trustee must make good beneficiaries' loss, with limited exceptions and prescribed interest remedies. A trustee who breaches trust is liable to make good losses to the trust or beneficiary unless the beneficiary fraudulently induced the breach or freely concurred or subsequently acquiesced with full knowledge. Interest liability arises in limited cases-actual receipt of interest, unreasonable delay in payment, an obligation to have received interest, or a presumption of receipt-entitling the beneficiary to account for interest (generally simple interest), while failures to invest or improper employment of trust-property attract compound interest or an election to account for profits or replacement of investments.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Breach of trust liability: trustee must make good beneficiaries' loss, with limited exceptions and prescribed interest remedies.
A trustee who breaches trust is liable to make good losses to the trust or beneficiary unless the beneficiary fraudulently induced the breach or freely concurred or subsequently acquiesced with full knowledge. Interest liability arises in limited cases-actual receipt of interest, unreasonable delay in payment, an obligation to have received interest, or a presumption of receipt-entitling the beneficiary to account for interest (generally simple interest), while failures to invest or improper employment of trust-property attract compound interest or an election to account for profits or replacement of investments.
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