Our Insights

Gross negligence


Prior to the Trusts Act 2019, trust deeds could protect trustees from liability for gross negligence.


There was a legal reason for this. A breach of trust required disloyalty to the beneficiaries.


Incompetence – even serious incompetence – wasn’t enough.

Now serious incompetence is enough, and there will be a lot of arguments about whether trustees have been grossly negligent (which fixes them with personal liability) or merely negligent which does not.



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