Breach of Trust Brings Jail for Fraudulent Trustee

Yet another sad case reported recently shows the wisdom of appointing only those who are absolutely trustworthy and/or insured professionals as trustees over your assets.

The court heard how a trustee appointed to safeguard the assets of a 17-year-old boy helped herself to up to £2,000 a month out of the trust assets before her fraud was uncovered.

The boy's parents both died of natural causes over a short space of time and he was left a lump sum of £125,000 plus a small monthly income. They had appointed a friend as trustee and, over 30 months, half of the money left to the boy was dissipated for her own purposes.

The trustee was sent to jail for two years and three months, but lacks the assets to be able to repay the money – an order to repay £1,500 was all that the court considered feasible.

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If you wish to leave funds for the benefit of a person who cannot manage them themselves, the choice of trustee is especially crucial. Using a solicitor will mean that the beneficiary's financial affairs are managed properly and within the law, and in the exceedingly unlikely event that something does go wrong, there will be a professional indemnity policy in place.

We will be pleased to advise you how to protect your family assets and ensure that they pass to those you wish to receive them.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.