Bullion in an unlocked room: an expansion of the irreducible core?

Abstract The article explores trustees’ fiduciary duties, focusing on the Singapore Court of Appeal’s decision in Ivanishvili v Credit Suisse Trust Ltd. Whilst trustee fiduciary duties can traditionally be seen as proscriptive (for example the no-conflict and no-profit rules), the case argues that trustees must also take steps to actively safeguard trust assets and act in good faith, even where anti-Bartlett clauses limit intervention as these cannot extend to failing to act on known fraud. By applying, in part, an objective standard of dishonesty, the case challenges narrow interpretations of trustees’ fiduciary duties and arguably expands the “irreducible core” of trusteeship.

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Publication Details

Journal
Trusts & Trustees
Published
2025-09-26
DOI
https://doi.org/10.1093/tandt/ttaf081
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
0.00
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article

Bullion in an unlocked room: an expansion of the irreducible core?

Toby Graham, George Budd
Trusts & Trustees
Legal principles and applications
article

Bullion in an unlocked room: an expansion of the irreducible core?

Toby Graham, George Budd
article en

Abstract

Abstract The article explores trustees’ fiduciary duties, focusing on the Singapore Court of Appeal’s decision in Ivanishvili v Credit Suisse Trust Ltd. Whilst trustee fiduciary duties can traditionally be seen as proscriptive (for example the no-conflict and no-profit rules), the case argues that trustees must also take steps to actively safeguard trust assets and act in good faith, even where anti-Bartlett clauses limit intervention as these cannot extend to failing to act on known fraud. By applying, in part, an objective standard of dishonesty, the case challenges narrow interpretations of trustees’ fiduciary duties and arguably expands the “irreducible core” of trusteeship.

Trusts & TrusteesVol. 31(10)
Farr Institute (GB)
Openalex Percentile: Top 52%
Legal principles and applications
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