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You act for Tabi Mpala who is the beneficiary under a trust. The trust is run by Claire Ramsden as a sole trustee. Tabi contacts
You act for Tabi Mpala who is the beneficiary under a trust. The trust is run by Claire Ramsden as a sole trustee. Tabi contacts you because she has some concerns about the running of the trust. Having reviewed the trust accounts, Tabi has found out the following:
- Six months ago, Claire took 200,000 from the trust fund and paid it into her own bank account which contained 100,000. She then withdrew 150,000 from the account and bought a holiday home called 'Holly Cottage'. She withdrew the remaining money and spent it on an expensive family holiday and online gambling. Holly Cottage is now worth 250,000.
- Three months ago, Claire withdrew 35,000 from the trust fund and gave it to her sister Gwen.Gwen was very surprised to receive such a large gift from Claire as it had never happened before. Gwen decided to spend the money quickly on a round the world cruise.
- Claire was able towithdraw the money from the trust fundbecause Duncan, who worked for the trust's bank, authorised the withdrawals to go directly to Claire's personal bank account.Duncan was suspicious about transferring the trust funds in this way as it was against bank policy, but decided to ignore his suspicions as he was concerned about losing the trust as a client.
Tabi has just found out that Claire was declared bankrupt a month ago.
Explain the actions (if any) that Tabi could bring against:
- Claire
- Gwen
- Duncan
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