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Cestui Que Trust or Cestui Que Use

Latin: the beneficiary of a trust.

Modern trust law prefers the word beneficiary but the older cases refer to the older Latin term of cestui que trust.

In Green v Underhill, Justice Romer adopted these words:

"A trust is an equitable obligation binding a person (who is called a trustee) to deal with property over which he has control (which is caled the trust property) for the benefit of persons (who are called beneficiaries or cestui que trust) of whom he may himself be one, and anyone of whom may enforce the obligation. Any act or neglect on the part of a trustee which is not authorised or excused by the terms of the trust instrument, or by law, is a breach of trust."

REFERENCES:

Green v Underhill 2 QB 226 (1959)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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