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29. Remedies against strangers to the trust 

29. Remedies against strangers to the trust
29. Remedies against strangers to the trust

Robert Pearce

and Warren Barr

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date: 16 November 2019

In some circumstances beneficiaries can bring claims against third parties who have assisted in the breach of a trust, who have received trust property in breach of trust, or who have assumed the mantle of trusteeship by acting as a trustee in relation to the trust property. This chapter explains the nature of the remedies against third parties. It considers the stranger who takes it upon himself to act as a trustee; strangers who assist a breach of trust; proprietary remedies for receipt in breach of trust; personal remedies for receipt in breach of trust; and mapping a way through personal stranger claims.

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