Trustee Exemption Clauses

Cm. 6874

Author:

Law Commission

Publisher:

TSO (The Stationery Office)

Price: £16.00

This project on trustee exemption clauses arose out of the passage through Parliament of the Trustee Bill in 2000. During the debates Lord Goodhart expressed concern that the proposed measure did nothing to restrict the use of exemption clauses in trust instruments, which raised the possibility of beneficiaries being denied adequate protection. The Lord Chancellor undertook to refer the matter to the Law Commission for thorough investigation.

This, the resulting report, is organised in the following sections:

• The Current Law

• The Case for Reform

• Professional and Lay – Distinguishing between Different Types of Trustee

• Statutory Regulation of Trustee Exemption Clauses – The CP's Provisional Proposals for Reform

• Regulation of Trustee Exemption Clauses – A Rule of Practice.

The main recommendation is that a rule of practice should be recognised, in the interests of securing settler awareness of trustee exemption clauses.

Extent	124 pages	ISBN	9780101687423
Size	A4	Price	£16.00
Format	Paperback	Published	19 Jul 2006
Availability	Not available to order	Delivery	Delivery options and charges