85Excusable breaches of trust

85 Excusable breaches of trust (1) Where a trustee is or may be personally liable for any breach of trust, the Supreme Court may relieve the trustee either wholly or partly from personal liability for the breach. (2) The relief may not be given unless it appears to the Supreme Court that the trustee has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the direction of the court in the matter in which he or she committed the breach. (3) In the case of a legal representative the powers of the Supreme Court may be exercised in its probate as well as in its equity jurisdiction.