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Division of the trust
The safeguards consist in the division of the trust funds into portions. Before this division takes place, the investments are revalued in order to determine the total value of the funds as at the date of division.
Any investments which are acquired or retained under a specific power in the will or settlement are designated as special range property and are kept quite separate from the other investments. The remainder of the property is to be divided into two equal parts, the fixed interest and the wider range.
The fixed interest part of the trust must contain fixed interest securities only. The wider range part of the fund may contain either fixed interest or wider-range investments. When special range property is realised, the proceeds must be invested equally in fixed interest and wider-range securities.
Remedies available to beneficiary 1) Injunction - to prevent unauthorised action by trustees; 2) Personal action - a trustee is only liable for his own acts and defaul
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