... you carry out that duty. For example, a trustee has a duty to safeguard the trust property1. Anything done that conflicts with this duty will be a breach of the duty and therefore, a breach of trust. Trustees only have the power to take out insurance for the trust property, it is not obligatory. However, if they do not insure the trust, they are most likely failing in their duty to safeguard the trust property. In looking at the scenario, Peter has different powers and duties. The way he exercises them will determine whether he is in breach of trust or not. The issues that Peter would have to consider when it comes to James, Sally and Chris are the subjects of maintenance and advancement. Maintenance, referred to in S 31 (1) (i) of the Trustee Act 1925, states in general terms, that trustees have a discretionary power to give money ...

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