... not to take benefit from the trust, it would be inconsistent to allow delegation. Cases such as Speight v. Gaunt dwell upon this two confliction propositions. In trying to reconcile them all the three judges in the case recognise the fact that trustees are unpaid, often inexperienced in capital investment and from that they concluded that it is unrealistic to expect a trustee to do it all himself. The case however concerned the employment of a broker and not a delegation to him of the duty of the trustee to invest trust funds. Even though common law did not allow delegation there were statutory provisions to allow it. S. 25 of the Trustee Act 1925 made it possible to delegate by powers of attorney, professional drafting of an instrument also enabled delegation. So why was delegation not seen as controversial and contrary to the personal duties of trustees? The Law Commission ...

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