98Trustees' remuneration

##### 98. Trustees’ remuneration (1) The Court may, out of the property subject to any trust, allow to any person who is, or has been, a trustee thereof or to that person’s personal representative such commission or percentage for that person’s services as is just and reasonable. (2) The aggregate commission or percentage allowed under subsection (1) shall not exceed 5% of the gross value of the trust property. (3) The Court may, from time to time, allow such portion of the aggregate commission or percentage allowable under this section as it thinks fit. (4) Where the Court allows a commission or percentage under this section, in any case in which 2 or more persons are or have been trustees, whether acting at the same time or at different times, the Court may, in its discretion, apportion the total amount allowed among the trustees in such manner as it thinks fit, and, in particular, may divide the amount in unequal shares or may make the allowance to one or more of the trustees to the exclusion of the other or others. (5) In the absence of a direction to the contrary in the trust instrument, a trustee being a person engaged in any profession or business for whom no benefit or remuneration is provided in the trust instrument is entitled to charge and be paid out of the trust property all usual professional or business charges for business transacted, time expended, and acts done by him or his firm in connection with the trust, including acts that a trustee not being in any profession or business could have done personally; and, on any application to the Court for commission or percentage under subsection (1), the Court may take into account any charges that have been paid out of the trust property under this subsection. [Section 98 amended: No. 18 of 1968 s. 4.]