Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Breach of trust definition

What does Breach of trust mean? In practice, a breach of trust is any act or omission by a trustee that fails to comply with the trust instrument (trust deed) or with duties imposed by statute and the general law, such as misapplying trust property, investing imprudently, failing to take proper advice, or not accounting to beneficiaries. The term is rooted in equity and developed mainly through case law, with statutory frameworks in England and Wales, Scotland, Northern Ireland and Ireland addressing duties, remedies and relief. It is a strict obligation: liability does not depend on dishonesty, though a trustee’s state of mind affects...

Limitation in contentious trusts, estates and probate: actions, accrual, defences and extensions under the Limitation Act 1980 (England and Wales)

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Practice notes

Under the Limitation Act 1980 (LA 1980), the expiry of a limitation period does not extinguish the underlying right; it simply blocks the claimant’s remedy. Limitation must be raised by the defendant, and when properly pleaded it operates as a complete defence. Once pleaded, the initial burden lies with the claimant to demonstrate they fall within time; if they do, the burden then shifts to the defendant to show otherwise. Sections 21, 22 and 23 of LA 1980 reaffirm the earlier position set out in sections 19 and 20 of the Limitation Act 1939, and they extend to executors and trustees, including trustees of express, resulting and constructive trusts of property. LA 1980 also preserves the distinction between:

trustees who have acted fraudulently or retained trust assets or converted them to their own use, and
trustees responsible for an innocent or negligent Breach of trust

The purpose of limitation

Limitation prescribes the timeframe in which a claimant may pursue a remedy. Its role is to calibrate the balance between the competing interests of the parties:

the interest of

...

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Web page updated on 28/05/2026

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