Examination Timing: 00H00M55S
Laura is the trustee of a family trust. The trust instrument states that she is under a duty to invest the trust fund to counteract the effects of inflation and to grow it wherever possible. She negligently fails to do so. Which of the following statements best describes the position?
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Your selected option: E
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The correct answer is E. A breach of trust is defined as any improper act or omission by a trustee contrary to the duties imposed on them by the terms of the trust. In this case, Laura's failure to invest the trust fund as stipulated by the trust instrument constitutes a breach of trust, making her personally liable to the beneficiaries for any resulting loss. Trustees must adhere to the investment obligations set out in the trust instrument and are personally accountable for any negligence in fulfilling these duties.
Key Point: Trustees must adhere strictly to the terms of the trust instrument regarding investment duties. Negligent failure to do so constitutes a breach of trust, leading to personal liability for resulting losses.
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