Commentary

67 Misapplication of trust property

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

67 Misapplication of trust property

| Commentary

67 Misapplication of trust property

In the absence of evidence to the contrary, it is presumed that trustees have faithfully discharged their duty1. Charity trustees either as a corporate body, or individually, are liable to make good any deficiency or loss where, for example, the trustees have used the charity’s property for their own purposes, negligently allowed others to misappropriate it, or used it for purposes which are not in accordance with the trusts. While the courts deal severely with trustees in cases of wilful, corrupt or negligent misapplication of the trust property, they will generally show leniency where the

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