Jurisdiction(s):
United Kingdom

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...

Public Trustee v Cooper category two ‘blessing’ applications: test, evidential burden, parties, privacy, procedure and costs (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

In Public Trustee v Cooper, the High Court of England accepted that it had power to approve a trustee’s momentous decision, thereby safeguarding that choice against later allegations of breach of trust and insulating it from subsequent challenge in the future.

Background

Before Public Trustee v Cooper, the court, exercising its long-standing supervisory role over trusts, already possessed jurisdiction to grant declaratory relief on the proper construction and meaning of trust instruments and to decide in advance whether a contemplated step lay within a trustee’s powers and authority. It could also, where appropriate, take over the trustees’ authority where they surrendered it because they were conflicted, or were stalemated in an insoluble dispute about the exercise of a power or discretion.

The court's jurisdiction

In Public Trustee v Cooper, a four-fold framework was articulated to identify the different types of proceedings, namely:

category one—applications for guidance on whether a proposed act falls within the trustees’ powers, ultimately a matter of construction and interpretation
category two—situations where trustees seek the court’s blessing for a decision of particular moment or significance. These are the cases addressed by this Practice Note
category three—cases of a...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Nicholas Holland

Maples Group

Nicholas Holland was a partner in the law firm of McDermott Will & Emery UK LLP, based in its London office. Nick is a litigator. He primarily represents institutional trustees, private clients and their advisers as well as non-contentious lawyers in multi-jurisdictional and offshore trusts disputes. Nick is admitted as a Barrister and Solicitor in British Columbia, and Ontario, as an Attorney at Law in the Cayman Islands, and as a solicitor in England and Wales. He practiced in each of those jurisdictions for a number of years.Nick was previously Head of Contentious Trusts and Estates and Head of Banking Litigation and his team was recently awarded the STEP Contentious Trust and Estates Team of the Year (2012-2013). Nick is recognised as a leading lawyer in both Chambers and Legal 500 which lately noted that he is ”bright, affable and very good with...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...