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This article considers whether trust protectors owe fiduciary duties. The question cannot be answered categorically, because the law contains no accepted definitions of ‘fiduciary’ or ‘protector’, but there are relevant considerations to be taken into account in answering the question in a particular case. Ultimately, the question is one of construction: did the settlor intend that this particular protector would owe fiduciary duties, and in what way?
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Conaglen et al. (2012) studied this question.
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