ABSTRACT
This article examines reparative compensation for breach of trust. Reparative compensation is calculated through the use of counterfactuals. The article claims that distinguishing between three types of reparative compensation brings greater clarity to our thinking: compensation that aims to place the trust estate into the position it would have been but for the breach; compensation that aims to make good the difference between what a beneficiary received from the trust and what they would have received but for the breach; and compensation that aims to place a beneficiary into the position they would have been but for the breach. This paper claims that there is some support for each type of compensation in the authorities: support for the first type of compensation is strong, whilst support for the second and third types is marginally weaker.
€ (Westlaw)
Samuel Williams, ‘Trusts: three types of reparative compensation’ [2026] Conveyancer and Property Lawyer (2) 145-158.
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