sec.8Application to court to review acts and decisions

### sec.8 Application to court to review acts and decisions Any person who has, directly or indirectly, an interest, whether vested or contingent, in any trust property or who has a right of due administration in respect of any trust, and who is aggrieved by any act, omission or decision of a trustee or other person in the exercise of any power conferred by this Act or by law or by the instrument (if any) creating the trust, or who has reasonable grounds to apprehend any such act, omission or decision by which the person will be aggrieved, may apply to the court to review the act, omission or decision, or to give directions in respect of the apprehended act, omission or decision; and the court may require the trustee or other person to appear before it and to substantiate and uphold the grounds of the act, omission or decision which is being reviewed and may make such order in the premises (including such order as to costs) as the circumstances require. An order of the court under subsection (1) shall not— disturb any distribution of the trust property, made without breach of trust, before the trustee became aware of the making of the application to the court; or affect any right acquired by any person in good faith and for valuable consideration. Where any application is made under this section, the court may— if any question of fact is involved—determine that question or give directions as to the manner in which that question shall be determined; and if the court is being asked to make an order which may adversely affect the rights of any person who is not a party to the proceedings—direct that that person shall be made a party to the proceedings. s 8 amd 1981 No. 72 s 6 (sec.8-ssec.1) Any person who has, directly or indirectly, an interest, whether vested or contingent, in any trust property or who has a right of due administration in respect of any trust, and who is aggrieved by any act, omission or decision of a trustee or other person in the exercise of any power conferred by this Act or by law or by the instrument (if any) creating the trust, or who has reasonable grounds to apprehend any such act, omission or decision by which the person will be aggrieved, may apply to the court to review the act, omission or decision, or to give directions in respect of the apprehended act, omission or decision; and the court may require the trustee or other person to appear before it and to substantiate and uphold the grounds of the act, omission or decision which is being reviewed and may make such order in the premises (including such order as to costs) as the circumstances require. (sec.8-ssec.2) An order of the court under subsection (1) shall not— disturb any distribution of the trust property, made without breach of trust, before the trustee became aware of the making of the application to the court; or affect any right acquired by any person in good faith and for valuable consideration. (sec.8-ssec.3) Where any application is made under this section, the court may— if any question of fact is involved—determine that question or give directions as to the manner in which that question shall be determined; and if the court is being asked to make an order which may adversely affect the rights of any person who is not a party to the proceedings—direct that that person shall be made a party to the proceedings. - (a) disturb any distribution of the trust property, made without breach of trust, before the trustee became aware of the making of the application to the court; or - (b) affect any right acquired by any person in good faith and for valuable consideration. - (a) if any question of fact is involved—determine that question or give directions as to the manner in which that question shall be determined; and - (b) if the court is being asked to make an order which may adversely affect the rights of any person who is not a party to the proceedings—direct that that person shall be made a party to the proceedings.