Trusts Act 2019

Court powers and dispute resolution

140: Court may charge costs on trust property

You could also call this:

"Court can make trust property pay for court costs if it's fair"

Illustration for Trusts Act 2019

If you make an application to the court under the Trusts Act 2019, the court can order that the costs of the application be paid from the trust property that the application is about. The court can say the costs come from the trust property itself or from the income of the trust property. The court decides what is fair when it comes to who pays the costs and how they are paid.

The court's decision is based on what it thinks is just, and it can choose how the costs are borne and paid by the people involved. You can find similar information in the Trusts Act 1956. The court has the power to make these decisions to ensure fairness in the application process.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383067.


Previous

139: Court may order payment of remuneration to trustee, or

"The court can pay you for being a good trustee if it's fair."


Next

141: Jurisdiction of Family Court, or

"What the Family Court can and can't decide in family cases"

Part 7Court powers and dispute resolution

140Court may charge costs on trust property

  1. The court may order that the costs of an application to the court under this Act—

  2. be paid or raised out of—
    1. the trust property to which the application relates; or
      1. the income of the trust property to which the application relates; or
      2. be borne and paid in the way and by the persons that the court considers just.
        Compare