28. Control and accountability

This chapter studies mechanisms for controlling trustees or the donees of powers and holding them accountable for their actions. It shows that the prime responsibility for supervising the activities of the trustees falls to the beneficiaries, who are able to complain to the court if they believe the trustees have committed, or are about to commit, a breach of trust. If the beneficiaries are able to apply to the court before the alleged breach has taken place, they may obtain an injunction against the trustees to restrain them from committing the contemplated breach. Trustees are also subject to a number of duties which enable the beneficiaries to keep a better check on their activities by entitling them to obtain information which will inform them of the trustees’ actions and may enable the beneficiaries to detect breaches of trust. This chapter considers those duties.