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Words: | Submitted: Mon Dec 22 2003
... law that must be mentioned before starting this essay is the concept of a fiduciary relationship that will always carry a weight in law. This is the idea that the trustees are always expected to act in the best interests of the beneficiaries with the implication that they are not permitted to take advantage of their position for their own benefit. The standard of probity expected of a fiduciary is extremely high, as was confirmed in Boardman v Phipps.1 It is the management of these trusts that we are concerned with, as the question seeks to ask how trusts are 'administered'. As the history of trusts has shown, it is investment, remuneration and delegation of responsibilities that prove to be of most importance, all of which are mentioned in the Trustee Act 2000, and affect the interests of beneficiaries. So in this essay I will make a critical evaluation of ...
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