There are strong restrictions on the eviscere who is in a conflict of interest. Courts can set aside a trustee`s actions, order the return of profits, and impose other penalties if they determine that a trustee has failed to perform any of his or her duties. Such a failure is called a breach of trust and can leave a negligent or dishonest fiduciary with heavy responsibilities for their failures. Settlors and trustees are strongly advised to consult with qualified legal counsel before entering into an escrow agreement. Roman law had a well-developed concept of trust (fideicommissum) in relation to „testamentary trusts“ created by wills, but never developed the concept of inter vivos (living) trusts that apply during the life of the Creator. This was created by later common law jurisdictions. The law of personal trust developed in England at the time of the Crusades in the 12th and 13th centuries.