3: PROTECTION OF PERSONAL REPRESENTATIVES AND TRUSTEES
It is common for wills to contain exemption clauses offering protection to executors and trustees who have made an honest mistake or, in some cases, have acted negligently. The exclusion of liability for gross negligence has attracted controversy. In Armitage v Nurse1, Millett LJ commented:
‘ ... it must be acknowledged that the view is widely held that these clauses have gone too far, and that trustees who charge for their services and who, as professional men, would not dream of excluding liability for ordinary professional negligence, should not be able to rely on a trustee exemption clause excluding liability for gross negligence. Jersey introduced a law in 1989 which denies effect to a trustee exemption clause