Meaning of breach of trust in English
a failure to act responsibly for someone who has given you something to keep safe, for example money or a company's secret information: The company initiated legal proceedings alleging industrial espionage and breach of trust.
Burden of Proof
This means that the petitioner must provide sufficient evidence to support their claims. However, in cases of alleged fraud or undue influence, the burden of proof may shift to the trustee or the party defending the trust.
Common allegations of breach of trust include (i) distributing assets to a beneficiary not entitled to them under the trust deed; (ii) investing trust assets in a way not permitted; (iii) breach of fiduciary duty; and (iv) breach of the common law or statutory duty of care.
Trust violations can range from serious misdeeds that constitute fraud (Business Week, 1992; Los Angeles Times, 1998; Santoro & Paine, 1993) to more common forms of trust violations, such as the use of deception in negotiations (Boles, Croson, & Murnighan, 2000; Carr, 1968; O'Connor & Carnevale, 1997; Schweitzer & ...
In California, beneficiaries have the right to sue trustees who fail to meet their fiduciary obligations. Understanding the legal grounds and process for such lawsuits is essential for protecting beneficiaries' interests and ensuring trustees fulfill their duties responsibly.
The intent to defraud in a breach of trust offence is limited in scope and must be directed to the trust duties. As such, a defence to a breach of trust charge might be that a trustee's fraudulent actions were not directed to their trust duties.
The actions that can be brought against trustees for breach are to remove or replace them, obtain documents or information that the trustees have been withholding, obtain copies of the Trust accounts, or make the trustee pay back any financial loss to the Trust.
Punitive damages are recoverable in a breach of fiduciary duty case when the plaintiff is able to prove by clear and convincing evidence that the breach was oppressive, fraudulent, or malicious.
Where the trustee commits a breach of trust, he is liable to make good the loss which the trust-property or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue ...
Trustee malfeasance refers to any type of negligent, self-serving, erroneous, or retaliatory conduct committed by the trustee of a trust resulting in harm to trust assets or beneficiaries. Trustee malfeasance is a broad term encompassing many different types of offenses, both intentional and unintentional.
There are a multitude of different types of financial crimes, like embezzlement, breach of trust, financial transaction card fraud and theft, and forgery. Anyone can commit these types of crimes. A breach of trust requires a reasonable degree of authority over someone else's finances to execute.
If an employer breaches the duty of trust and confidence
Examples of how an employer might breach this duty include: refusing or failing to look into an employee's grievance. demoting an employee without a good reason.
n. 1) any act which is in violation of the duties of a trustee or of the terms of a trust. Such a breach need not be intentional or with malice, but can be due to negligence. 2) breaking a promise or confidence. See also: breach.
Rebuilding trust in relationships requires us to be vulnerable and courageous. We have to acknowledge we did something wrong, apologize for our behavior, and act in ways that repair the damage we caused. However, the net result can be even stronger levels of trust.
Under California law, stealing trust assets with a value of $950 or less is a misdemeanor with a maximum jail sentence of 6 months.
Generally, no you cannot sue a trust directly. Again, that's because a trust is a legal entity, not a person. It's possible, however, to sue the trustee of a trust whether that trust is revocable or irrevocable. As mentioned, in the case of a creditor lawsuit the trustee of a revocable living trust could be sued.
This is a fundamental concept of trust law: the separation of legal and equitable title. In other words, while the trustee has the legal authority to manage and control the assets, they do so not for their own benefit, but for the beneficiaries.
Breach of trust in legal contexts refers to breaking the rules of a trust or a person taking advantage of property given to them for a period of time.
Who can void a trust? Under California Probate Code §17200, a trustee or beneficiary of a trust may petition the court to determine the existence of the trust. This means that any potential, current, or previous beneficiary can file a petition to void a trust, as can a trustee or co-trustee.