Abstract
This chapter explores the main characteristics of the institution of the trust in the Republic of Ireland, outlining modes of creation and the respective positions of the settlor, trustee and beneficiary in the governance of the trust fund. The trustee’s fiduciary duties and powers are discussed as are the potential remedies open to beneficiaries upon breach of those trust duties. The chapter examines the liabilities of third parties to the trust and the ways in which a trust may be terminated. The chapter draws upon Irish jurisprudence, while acknowledging the strong persuasive precedential role played by the English judicial authorities.
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