Re Montagu's Settlement Trusts

A recipient of trust property who has forgotten that it was trust property, and did not want to know, is not liable for knowing receipt unless he had actual knowledge or deliberately shut his eyes.

Citation
[1987] Ch 264
Court
Chancery Division
Year
1987
Subject
Equity and Trusts
Topic
Tracing and third party liability

Facts

Under the trusts of a settlement, chattels were to be held for the benefit of the 10th Duke of Manchester's heirs. The trustees, in breach of trust and on mistaken advice, released the chattels to the Duke himself, who sold many of them. The Duke had at one time known of the terms of the settlement, but had forgotten them. After his death, his successor sued the Duke's estate for knowing receipt.

Legal principle

Megarry V-C held that the Duke's estate was not liable, because the Duke had not had the necessary knowledge. He said that the recipient is liable as a constructive trustee only if his conscience is sufficiently affected, which requires knowledge, such as actual knowledge, wilfully shutting one's eyes to the obvious, or wilfully and recklessly failing to make inquiries. Carelessness, without more, is not enough. The Duke had honestly believed that the chattels were his, and a person who has genuinely forgotten facts does not know them.

Related cases on tracing and third party liability

Studying equity and trusts? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

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.

Contact Us

Enquire about our bespoke academic solutions