Maxim 5.5.18
A trustee can never be a purchaser.
Source: Wharton, III-33
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A trustee is absolutely prohibited from purchasing the trust property — the fiduciary duty to the beneficiary is incompatible with the self-interest of a buyer.
Where this applies
- An executor managing an estate trust tries to buy the estate's house at a discount for himself, and the court blocks the sale because a trustee cannot be a purchaser of trust property.
- A guardian appointed to manage a child's inheritance attempts to buy the child's land, and the transaction is voided because the guardian's fiduciary duty conflicts with his interest as buyer.
- A bank trustee managing a trust fund tries to purchase bonds from the trust at below market value, and the court holds the purchase void.
Cite this maxim
NeCede Max. 5.5.18 — A trustee can never be a purchaser. — Wharton, III-33
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