26BBreach of trust as to investments, factors to be considered by Court

##### 26B. Breach of trust as to investments, factors to be considered by Court In proceedings against a trustee for breach of trust in respect of a duty under this Part relating to the trustee’s power of investment, the Court may, when considering the question of the trustee’s liability, take into account — (a) the nature and purpose of the trust; and (b) whether the trustee had regard to the matters set out in section 20 so far as is appropriate to the circumstances of the trust; and (c) whether the trust investments have been made pursuant to an investment strategy formulated in accordance with the duty of a trustee under this Part; and (d) the extent the trustee acted on the independent and impartial advice of a person competent (or apparently competent) to give the advice. [Section 26B inserted: No. 1 of 1997 s. 6.]