Define: Duty Virtute Officii

“Duty Virtute Officii, also known as the duty of virtue of office, is a legal principle in UK law that outlines the responsibilities and obligations of individuals holding public office or positions of authority. It emphasizes the importance of acting in the best interest of the public and upholding the values of honesty, integrity, and impartiality.

Under this principle, public officials are expected to exercise their powers and perform their duties with diligence, competence, and fairness. They must prioritize the public interest over personal gain or any other conflicting interests. This duty extends to both the decision-making process and the actual implementation of policies and actions.

The duty of virtue of office is not only applicable to elected officials but also to civil servants, judges, and other individuals in positions of authority. It serves as a guiding principle to ensure that those in power act in a manner that is accountable, transparent, and in line with the principles of good governance.

Breaching the duty of virtue of office can have serious consequences, including legal repercussions and damage to one’s reputation. It is therefore crucial for individuals in public office to understand and adhere to this principle to maintain public trust and confidence in the integrity of the system.”

A duty owed by a trustee to the beneficiaries of a trust, one arising out of his office as trustee. An example would be a trustee’s obligation, in the case of a discretionary trust, to distribute income from the trust amongst its beneficiaries. The term ‘virtute officii’ implies that the duty will pass to a new trustee should the current trustee be replaced. In contrast, a ‘personal duty’ is one owed by a named individual. An example would be the duty of a donee, accompanying any conferred power in the nature of a trust, to exercise his power of appointment.

See also trustee, donee, power of appointment, power in the nature of a trust.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.