A remainderman whose interest under an express testamentary trust is not vested in possession has no obligation to enquire about the trust's administration or assert rights before the interest falls into possession. Mere non-assertion of rights during the life estate does not constitute delay for laches purposes. Where laches is raised as a defence to a claim for breach of express trust where the trustee retains the trust property, the trustee must establish 'aggravating circumstances' giving rise to 'serious and unfair' prejudice — the trustee's profitable use of trust property for personal purposes, even over decades, does not constitute such prejudice where the beneficiary has not claimed the profits of the business.
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