Head v Gould

A trustee who is a solicitor is not required to indemnify a co-trustee merely because of his profession, unless the co-trustee relied on his advice and he exercised a controlling influence.

Citation
[1898] 2 Ch 250
Court
Chancery Division
Year
1898
Subject
Equity and Trusts
Topic
Breach of trust and defences

Facts

Miss Head and Mr Gould, a solicitor, were trustees. They committed breaches of trust, including advancing money to Miss Head's mother, a beneficiary, beyond what was allowed. Miss Head had actively urged the breaches. When the beneficiaries sued, Miss Head claimed an indemnity from Mr Gould, because he was a solicitor.

Legal principle

Kekewich J held that Miss Head was not entitled to an indemnity. He said that a trustee who is a solicitor is not liable to indemnify a co-trustee merely because he is a solicitor. The co-trustee must show that she relied on the solicitor's advice and that he exercised such a controlling influence over the trust that she was unable to exercise independent judgment. Miss Head had actively participated in the breaches, and had not relied on Mr Gould's professional advice.

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