Higginbotham (2004) considered that under the Trustee Act 2000: "The new duty [of Care] will bring certainty and consistency to the standard of competence and behaviour expected of trustees. It will be a safeguard for beneficiaries and thereby balance the wider powers given to trustees elsewhere in the Act". However, in practice the Trustee Act has had very little impact on the duty of care, nor is it particularly effective in safeguarding beneficiaries. Critically discuss.