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A Trustee Can Be Questioned After He Has Made Prima Facie Case For Exercise of Lien


 
Powers of Trustee To Exercise Lien Considered
Wester v Borland
Ch D
15 October 2007
Weekly Law Notes Summary

A trustee seeking to exercise his power of lien over a trust fund had to demonstrate that there were substantial grounds upon which to do so and that he had taken all reasonable steps to ascertain his liability. Once he had done that it was for the beneficiaries to demonstrate that those grounds did not exist.

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