This article highlights the duty of care placed on trustees when it comes to investing trust assets. In practice trustees must always consider whether the proposed investment is suitable for the trust, and whether the proposed investment is sufficiently diversified from any investments the trust might already hold.
It's also paramount that trustees seek suitable investment advice. As this case demonstrates, a trustee who has sought advice may well avoid personal liability later on if the investment turns out to be a bad one, provided that they have relied on professional advice and provided that the investment is not one which no reasonable trustee would have made.
Trust litigation of this nature seems to be on the rise and so it wouldn't be a surprise if we saw further cases like this in the future arising out of post-Brexit impact on the markets.
Two beneficiaries of their father's testamentary trust have failed in their compensation claim against the solicitors that administered the trust's funds after the loss of nearly GBP1.5 million in the dot-com crash of 2001.