1911 Encyclopædia Britannica/Fiduciary

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1911 Encyclopædia Britannica, Volume 10 Fiduciary

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FIDUCIARY (Lat. fiduciarius, one in whom trust, fiducia, is reposed), of or belonging to a position of trust, especially of one who stands in a particular relationship of confidence to another. Such relationships are, in law, those of parent and child, guardian and ward, trustee and cestui que trust, legal adviser and client, spiritual adviser, doctor and patient, &c. In many of these the law has attached special obligations in the case of gifts made to the “fiduciary,” on whom is laid the onus of proving that no “undue influence” has been exercised. (See Contract; Children, Law Relating to; Infant; Trust.)