Cestui Que Trust - Definition - Law Dictionary Home Dictionary Definition cestui-que-trust

Definition :

Cestui que trust, the person (now frequently termed 'beneficiary,' as in s. 62 of the Trustee Act, 1925, who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate being vested in the trustee. The remedy of the cestui que trust, if the trustee fails in his duty, is by an action in the Chancery Division (in the majority of cases instituted by way of an Originating Summons). The phrase cestui que trust is Norman-French. In Roman Law obligations analogous to trusts could only be crated by testament; the trustee was (Heres) 'fiduciarius'; the beneficiary, 'fideicommissarius.' Sandars, Inst. Lib. 2 tit. XXIII.