Revised Laws of Saint Lucia (2021)

PART 9
BREACH OF INTERNATIONAL TRUST

27.   Liability for breach of trust

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    (1)   Subject to the provisions of this Act and to the terms of an international trust a trustee who commits or concurs in a breach of an international trust is liable for—

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      (a)     any loss or depreciation in value of the property of the international trust resulting from the breach; and

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      (b)     any profit which would have accrued to the international trust had there been no breach.

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    (2)   A trustee shall not set-off a profit accruing from one breach of an international trust against a loss or depreciation in value resulting from another breach of an international trust.

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    (3)   A trustee is not liable for a breach of an international trust, committed by another person prior to his or her appointment or for a breach of an international trust committed by a co-trustee unless—

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      (a)     the trustee becomes or ought to have become aware of the breach; and

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      (b)     the trustee actively conceals the breach, or fails within a reasonable time to take proper steps to protect or restore the trust property or to prevent the breach.

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    (4)   Where trustees are liable for a breach of an international trust, they are liable jointly or severally.

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    (5)   A trustee who becomes aware of a breach of an international trust shall take all reasonable steps to have the breach remedied.

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    (6)   Nothing in the terms of an international trust shall relieve a trustee of liability for a breach of the international trust arising from, the trustee's own fraud, self dealing or willful misconduct.