Tobias Barkley, ‘Is the Trustee-Beneficiary Relationship Necessarily Fiduciary?’

This paper is about the relationship between trust law and the concept of a fiduciary. The traditional position on this relationship is that express trustees are necessarily fiduciaries. However, developments in trust drafting practice and their implicit acceptance by the courts have put the relationship between fiduciary and trustee under strain, with the result that there appears to be a divergence between the fundamental obligations of a trustee and the fundamental obligations of a fiduciary.

Barkley, Tobias, Is the Trustee-Beneficiary Relationship Necessarily Fiduciary? (July 16, 2014). Paper presented at Obligations VII, Hong Kong, July 2014.

First posted 2019-01-17 06:40:39

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