A.I. Powered: Philippine Bar Reviewer

Question

Subject: General Principles

Topic: Trust Fund Doctrine

Alexa, a lawyer, is appointed as the executor of her late client's estate. One of the assets in the estate is a significant sum of money intended for the education and support of the client's minor children, Mark and Sarah. Alexa is tasked with managing and safeguarding this trust fund for the benefit of the children.

However, Alexa encounters financial difficulties and decides to use a portion of the trust fund to cover her personal expenses. Mark, who is already of legal age, learns about this unauthorized use of the trust fund and seeks legal action against Alexa.

Based on the Trust Fund Doctrine and relevant laws in the Philippines, answer the following questions:

1. Explain the concept of the Trust Fund Doctrine.
2. Can Mark hold Alexa personally liable for the unauthorized use of the trust fund? Explain your answer.

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Answer