Trustee de son tort

A judgement which came out at the beginning of the year, Representation of A Trust Limited [2018]JRC021, highlights the Court's willingness to give relief to a trustee and permit its remuneration when having acted in good faith and having properly administered the funds whilst believing it was trustee, but when in fact it had not been validly appointed and so was acting as  "trustee de son tort".

For details of this case, please click here.

KEY TAKEAWAY: 

If a trustee de son tort has acted in good faith, honestly and competently then the Court is (a) unlikely to prevent it from being remunerated for its services during any period for which it acted as trustee de son tort and (b) likely to ratify its actions and therefore absolve it from any liability.