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28. Fiduciary position of trustees 

28. Fiduciary position of trustees
28. Fiduciary position of trustees

Robert Pearce

and Warren Barr

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date: 19 February 2020

An essential aspect of the nature of trusteeship is that a trustee stands in a fiduciary relationship to the beneficiaries of the trust, which means that he must not allow any conflict between his own interests and the interests of the beneficiary, and that he must not make any unauthorized profit for himself from his position as trustee. This chapter examines the nature and extent of fiduciary duties. It discusses the fiduciary relationship; unauthorized remuneration; purchase of trust property by trustees; incidental profits; liability for breach of fiduciary duty; remedies where a fiduciary makes an unauthorized profit; and defences to an action for breach of fiduciary duty.

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