Trustees’ duties: exemptions and exonerations

• Published in: Trusts & trustees Vol. 29; no. 5; pp. 389 - 392
• Main Author: Hayton, David
• Format: Journal Article Book Review
• Language: English
• Published: Oxford Oxford University Press 28.06.2023; Oxford Publishing Limited (England)
• Subjects: Analysis; Beneficiaries; Breach of trust; Burden of proof; Compromise and settlement; Consent (Law); Deeds of trust; Ethical aspects; Exemption (Law); Exoneration; Honesty; Insurance; Interpretation and construction; Laws, regulations and rules; Liability insurance; Negligence; Remedies; Trusts and trustees

Abstract As part of the bargain for undertaking a trusteeship, a trustee can exempt itself not only from liability for a breach of trust, it can altogether oust particular trusteeship duties, so long as it leaves intact the irreducible core obligations of a trust. Where a trustee is to hold underlyi...