A trust is only as good as the remedies that stand behind it, and this chapter sets out what beneficiaries can do when trustees go wrong. It begins with the nature of a breach of trust claim, the elements a beneficiary must establish, the liability standards for the different types of breach, and the strict no-profit and self-dealing rules. It then asks which trustees are on the hook — co-trustees, passive trustees, and those who joined or retired around the time of the breach — before turning to the accounting remedies of falsification and surcharging, and the defences available, from exemption clauses and court relief to beneficiary consent and limitation. The chapter closes with dishonest assistance, the claim that reaches beyond the trustees to third parties who help a breach along.
