Standing to Sue for Breach of Trust

A trustee, a former trustee or the estate of a former trustee, or a stranger to the trust who has become liable to redress a breach of trust 1, may be sued by a beneficiary or beneficiaries (including someone representing the estate of the beneficiary, or an assignee of the beneficiary)2.

A former Trustee may also be sued by a successor trustee.

Where trustees are charged with breach of trust, all beneficiaries should be made parties to the suit3

Notes:

(1) Re Cross (1882) 20 Ch D 109;45 LT 777; Young and Murphy [1996] 1 VR 279; (1994) 13 ACSR 722 at 725; 12 ACLC 558 per Brooking J, SC(Vic), Full Court.

(2) Young and Murphy [1996] 1 VR 279; (1994) 13 ACSR 722 at 729; 12 ACLC 558 per Brooking J, SC(Vic), Full Court {Link}. .

(3) National Trustees, Executors & Agency Co of Australia Ltd v Barnes (1941) 64 CLR 268 at 277-8; 14 ALJ 432; [1941] ALR per Williams J {Link} .

http://www.austlii.edu.au/au/cases/vic/VicRp/1996/19.html

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This tab updated on 19 June 2015