Trusts - Beneficiary's Right to Information

It is often assumed that a beneficiary of a trust has the right to inspect documents showing how the trust is administered, but this is not normally so and the courts have been moving away from allowing beneficiaries these rights unless the trust deed specifically contains them.

The supervision of the operation of a trust vests in the court system, so the right of a beneficiary to ‘demand an account’ of a trustee is exercisable indirectly. The beneficiary may apply to the court to require disclosure of trust documents and accounts and the level of disclosure ordered will be determined on the facts of each case and the fairness to all interested parties of granting the requested disclosure. There is no automatic right of a beneficiary under a trust to demand access to the trust records or documentation or to demand information on the management of the trust from the trustee(s).