POST GRANT PRACTICE (BREACH OF DUTY BY PR'S)

    A PR who accepts office is personally liable for any loss resulting from a breach of duty which he commits. A breach of duty is called a ' devastavit ' and could arise from maladministration (i.e. distribution to the wrong beneficiaries) or negligence (i.e.unreasonable delay) or misappropriation of property by PRs.

·         Section 61 Trustee Act 1925 gives the court a discretionary power to relieve a PR from liability for breach of…