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Chapter 10 Multiple choice questions
Return to Complete Equity and Trusts 5e Resources
Chapter 10 Multiple choice questions
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The normal purpose of a trust is to
Provide financial benefits for the beneficiaries
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Protect beneficiaries from any financial loss
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Preserve the trust property for as long as the trust lasts
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To ensure that all the beneficiaries are satisfied with their share
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The major reform of the law in the Trustee Act 2000 is that
Trustees now have a duty of care
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Trustees may delegate certain functions to agents
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Trustees are no longer restricted in the type of investments that they can make
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Trustees must seek advice
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Diversification means
Buying more than one type of share
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Investing in land
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Putting the trust fund into different types of investment
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Investing all the trust fund
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Which new type of investment is allowed by the Trustee Act 2000?
Shares
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Freehold and leasehold land in England and Wales
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Mortgage loans
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Debentures
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How can the terms of the Trustee Act 2000 be modified or excluded?
By express words in the trust instrument
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If the trustees insist
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By order of the court
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With the agreement of all the beneficiaries
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Which of the following options is correct? Professional trustees:
Owe the same duty of care as lay (non-professional) trustees
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Are protected from liability by exclusion clauses in the trust instrument
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Owe a lower duty of care than lay (non-professional) trustees
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Owe a duty of care determined by any special knowledge or experience that they have
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If a trustee is in breach of trust
They must restore any lost assets to the trust estate
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Compensate the beneficiaries for their loss
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Pay damages for the loss caused by their breach of trust
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Pay fair and reasonable compensation
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Trustees:
Are not permitted to make ethical investments
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Are allowed to make any investments that they choose, including ethical investments
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Must only pursue the best financial interests of the beneficiaries
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Are allowed to make ethical investments as long as they are satisfied that this would not involve a risk of significant financial detriment
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Trustees may employ agents:
If to do so would be normal business practice
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Whenever they want and for whatever task that they want
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For any function except the distribution of trust assets
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Only if authorized by the court
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Trustees are:
Liable for all acts and defaults of their agents
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Liable for any acts or defaults of their agents that the trustees should have detected with reasonable care and skill
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Not liable for any acts or defaults of their agents unless the trustees themselves are guilty of willful default
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Not liable for any acts or defaults of their agents
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Which of the following is correct? Trustees:
Must explain all their decisions to their beneficiaries
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Need only explain decisions that directly affect the beneficiaries' financial interests
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Are not obliged to give any reasons for their decisions to the beneficiaries
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Are not obliged to give any reasons for their decisions, but if they do give a reason, then the court can review the accuracy of their decision
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Which of the following is correct? Beneficiaries are entitled to see:
All the documents that the trustees produce while running the trust
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They are entitled to see nothing: what they see is in the discretion of the trustees
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They are entitled to see nothing: what they see is in the discretion of the court
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The trust accounts
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