Part 1Trusts

Chapter 7Protectors

57Liability for compliance with protector’s direction

(1)This section applies where a trustee complies timeously and correctly with a protector’s direction (being a direction which the protector has power to give).

(2)In so far as such compliance comprises the breach of a duty owed to a beneficiary or third party then, except in so far as the trust deed expressly provides otherwise, the protector, and not the trustee, incurs personal liability for any resultant harm.

(3)This section applies irrespective of when the trust was created.