Burden Of Proof In Breach Of Trust
A breach of trust is a situation where member of the trustee committee of a certain organization mishandles or commits fraud by embezzling trustee funds with complete knowledge. It is not considered as theft or larceny but as a breach of trust. |
When a trustee commits fraud with the trust money, then he is held responsible for the loss caused to the beneficiary of the trust. However, the breach of trust has to be proven against the trustee. Breach of trust cases is dealt with utmost diligence because usually there are many trustees involved and a fraud could involve one or more trustees or the beneficiary also sometimes.
In the court of law the onus often lies on the person who has registered the case for proof, especially in breach of contract or trust cases. It is called the burden of proof in legal terms. If the beneficiary for example has made a claim that there has been a breach of trust by the trustee, then the burden of proof lies on the beneficiary; and if the beneficiary fails to do so, then the trustee gets the benefit of assumption or doubt. A benefit of assumption is the case when the court assumes that the trustee is innocent and not guilty until proven so.
In any case of a breach of trust, there would be a lot of proof that is required to prove the breach has occurred; also the case can be ruled against anyone -- the beneficiary or the trustee.
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