Keech v Sandford

A trustee who renews a lease held on trust for his own benefit holds the new lease on trust for the beneficiary, even if the landlord would not have renewed it for the beneficiary.

Citation
(1726) Sel Cas Ch 61
Court
Court of Chancery
Year
1726
Subject
Equity and Trusts
Topic
Fiduciary duties

Facts

A trustee held a lease of the profits of Romford market on trust for a child. When the lease was about to expire, the trustee asked the landlord to renew it for the benefit of the child, but the landlord refused, because a lease to a child could not be enforced against him. The trustee then took a new lease for himself. The child sued, claiming that the trustee held the new lease on trust for him.

Legal principle

Lord King LC held that the trustee held the new lease on trust for the child. He said that, although it may seem hard that the trustee is the only person who could not have the lease, it is very proper that the rule should be strictly pursued and not in the least relaxed, because it is very obvious what would be the consequence of letting trustees have the lease on refusal to renew to the beneficiary. The case established the strict rule that a fiduciary must not profit from his position, even where the beneficiary could not have obtained the benefit.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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