Beneficiary Rights & Enforcement
Trusts · Lesson 03
Beneficiary Rights & Enforcement
這一課問的是：受益人有何權利執行信託並就受託人違反取得救濟？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. What rights do beneficiaries have to enforce the trust and obtain remedies for trustee breach?
這一課問的是：受益人有何權利執行信託並就受託人違反取得救濟？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
right to accounting
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Beneficiary may demand trustee account.
會計權。
right to information
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Beneficiary may demand information about trust.
資訊權。
right to distributions
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Per trust terms.
分配權。
removal
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Beneficiary may seek trustee removal for cause.
解任。
surcharge
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Trustee liable for losses caused by breach.
加課。
disgorgement
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Trustee disgorges wrongful profits.
返還。
constructive trust
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Trustee may hold property in constructive trust for beneficiary.
推定信託。
Issue · what this lesson is really about
What rights do beneficiaries have to enforce the trust and obtain remedies for trustee breach?
這一課問的是：受益人有何權利執行信託並就受託人違反取得救濟？
Trigger words & phrases that should flag this issue:
accountdistributioncompeldamagesremove trustee
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State rights | Beneficiaries have rights to accounting, information, distributions per trust terms, and to enforce the trustee's duties. | 受益人有會計、資訊、分配、執行義務之權利。 |
| Apply surcharge | Trustee is personally liable for losses caused by breach of duty. | 受託人對違反所致損失個人負責。 |
| Apply disgorgement | Trustee must disgorge profits from breach of loyalty. | 受託人須返還因違反所得利益。 |
Rule Sentence · the workhorse
Beneficiaries have rights to demand accounting from the trustee, to receive information about the trust, to distributions per trust terms, and to enforce the trust by seeking remedies — including surcharge for losses, disgorgement of profits, removal of trustee, and constructive trust on improperly held property.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人beneficiary受益人
Act 行為asserting rights / seeking remedy主張權利 / 請求救濟
Object 對象trust + trustee信託 + 受託人
Standard 法律標準trust terms + fiduciary duties信託條款 + 信託義務
Consequence 後果enforcement + remedy執行 + 救濟
Casebook Snapshot · a real American case
Marsman v. Nasca
Holding. A trustee with discretionary power to distribute principal for a beneficiary's "comfortable support" must inquire into the beneficiary's needs and circumstances; a trustee's passive failure to inquire and act on a beneficiary's needs is a breach of the duty of inquiry.
Why it matters. Marsman extends trustee duties to affirmative inquiry — silence is not protection.
Marsman：受託人有積極調查受益人需求之義務。
Common Mistakes · what trips students
✗ beneficiary 之 remedies 僅限 damages。
✓ Equitable remedies (constructive trust, surcharge) also available.
衡平救濟亦可。
Mini IRAC · build the Application
Issue. May a beneficiary recover trust property that the trustee wrongfully transferred to a third party who knew of the breach?
Rule. A beneficiary may impose a constructive trust on trust property wrongfully transferred to a third party who knew or should have known of the breach of trust.
Application (model). The trustee transferred trust property to a third party who knew of the breach. Because beneficiaries may impose constructive trusts on wrongfully transferred property when the transferee had notice of the breach, the fact that the third party knew of the trustee's breach when receiving the property means the property is held in constructive trust for the beneficiary.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the beneficiary may recover the property through constructive trust.
MBE Check · multiple choice
A trustee invests $100,000 of trust funds in a speculative venture that loses everything. The investment was clearly imprudent. What remedy do beneficiaries have?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: