Payment of Benefits

Trustees are under a duty to pay the correct beneficiaries. This duty could be considered as another aspect of the duty to carry out, or perform, the trust {Barratt v Wyatt (1862) 30 Beav 441, 444; 54 ER 960, 961 (Romily MR), Hillard v Fulford (1876) 4 ChD 389}.

Sir Andrew Park in Smithson v Hamilton [2007] EWCH 2990 (Ch) ),[2008] 1 All ER 1216, [2008] WLR 1453 stated at [4]:

“In broad terms the responsibility of the trustees is to administer the scheme and, in the course of doing so, to ensure that the pension beneficiaries for which the scheme provides are duly paid.

In Byrnes v Kendle (2011) 243 CLR 253;[2011] HCA 26 at [42] the High Court said that trustees have a duty to pay beneficiaries amounts they have to a duty to pay, referring to Scott & Ascher on Trusts.


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This tab updated on 22 August 2015