Dishonest Assistance

Abstract

Where a breach of trust is committed by a trustee and a third party has assisted or induced that breach, a claim can be brought against the third party personally so that he is directly liable to the beneficiaries for the breach of trust. The third party is made a ‘constructive trustee’ and the beneficiaries can seek the same remedies against him as if he were a trustee. The liability of the dishonest assister is based on the third party being an accessory to the breach of trust. It is not dependent on him having held any of the trust property.