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Pritam Gupta (Teacher)     17 March 2015

Can trustees refuse trust?

Four Trustees who are themselves also the beneficiaries in a Testamentary Trust signed their acceptance of the Will/Trust deed by signing their names towards the bottom of the Will with the words "In Token of acceptance" and in presence of the Testator.

Later when the Will was submitted for probate, two amongst such Trustees contested the Will.

My questions are:

1) Is this permissible since Section 11 of Trusts Act say that Trustee is bound to execute the Trust?

2) Can Section 9 of Trusts Act be used to say that such Trustees by going against Trust Act loses their benefits as well in the Trust property?

3) Any other Sections can be applied to penalise such rogue Trustees?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 March 2015

It is always better to consult a local lawyer with all relevant papers and documents related  to the issue and get his personal opinion instead of getting improper opinions from here on the basis of your vague details given here.

Pritam Gupta (Teacher)     20 March 2015

Yes, I am aware of that and also have some contradicting opinions from different advocates. Hence the post to clear my doubts. However if you find any  ambiguity in the query then you can very well raise that issue and I will try to clarify it to the best of my ability.


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