Australian Capital Territory Current Acts

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TRUSTEE ACT 1925 - SECT 86

Indemnity for breach of trust

    (1)     Where a trustee commits a breach of trust at the instigation or request or with the written consent of a beneficiary, the Supreme Court may, if it thinks fit, make such order as to the court seems just for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or person claiming through him or her.

    (2)     Subsection (1) authorises the Supreme Court to impound all or any part of the interest of any beneficiary who receives any pecuniary benefit from the breach of trust.



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