Beneficiaries


1. Principal right: the enjoyment of their interest in the trust property.
In the case of a private trust they have a right to foce the trustees, by action if necessary, to administer the property accoriding to the terms of the trust (this is an example of specific performance).

2. Breach of trust by the trustees
a) The beneficiaris may bring a personal action against the trustees. If a trustee has committed fraud, the beneficiaries' right to repayment survives the trustee's discharge under the Insol- vency Act 1986.
In the case of a discretionary trust, the trustee can be compelled to consider the competing claims of members of the class.
b) They may be able to follow the trust property itself or to claim anything into which it has been converted.
Beneficiares have a claim in conversion a against a mala fide purchaser of trust property (at law there are often only damages). However, a bona fide purchaser for value will be under no obligation.
If there is a direct substitution of the trust property, the beneficiaries may claim it in so far as it has taken the place of trust property - if the trustee has supplied money of his own to make the purchase, this amount will be deducted from the claim.
c) They may be able to institute criminal proceedings against the trustees.