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Taiya And Simone

Decent Essays

Taiya and Simone are the co-trustees of a trust deed set up by Andrew’s father. As co-trustees, they must act unanimously. Under the trust, they are to hold the property for Taiya and Andrew for life, and on their death for their three children absolutely. Taiya is also a beneficiary under the trust. As trustees, Taiya and Simone are fiduciaries and therefore are subjected to the conflicts and profits rules (Keech; Chan)

I. Selling mobile phone shares
Bea may argue that there is breach of the duty to act personally. As an extension of the duty to act personally, the trustees must not act under dictation of the beneficiary (Re Brockbank) and must make decisions personally. On the facts, it may be argued that the co-trustees was acting under the dictation of Andrew as he believed that mobile phones triggered cancer and wanted the shares to be removed from the portfolio. That facts state that the phone share were performing well so it seems unbeneficial to sell. It is unlikely that the $15,000 to purchase shares in the new Australian bank constitutes any breach without further information. …show more content…

Bea and her siblings) of the trust (s 7(2)(a) of the Trustee Act 1958 (“the Act”)). The selling of the phone shares while they were performing well may affect the financial interest of the Bea as a future beneficiary

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