Trusts Act 2019

Court powers and dispute resolution

131: Court may relieve trustee from personal liability

You could also call this:

"Court can help a trustee who made an honest mistake by reducing or removing their payment responsibility"

Illustration for Trusts Act 2019

If you are a trustee and you have made a mistake, the court can help you. The court can say you do not have to pay for the mistake if you have acted honestly and reasonably. You must also show the court that you ought fairly to be excused for the mistake.

The court can decide to help you a little or a lot. This means the court can say you do not have to pay anything or you only have to pay some of the cost. You will still have to follow the court's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383058.


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130: Power of court to vary or extend trustees’ powers in relation to property, or

"Courts can change or add to trustees' powers to help a trust run smoothly."


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132: Court may make beneficiary indemnify trustee for breach of trust, or

"Court can make you pay if you make a trustee do something wrong"

Part 7Court powers and dispute resolution

131Court may relieve trustee from personal liability

  1. The court may relieve a trustee who is or may be personally liable for any breach of trust from personal liability for the breach if it appears to the court that—

  2. the trustee has acted honestly and reasonably; and
    1. the trustee ought fairly to be excused for the breach of trust.
      1. The court may relieve the trustee in whole or in part.