Trusts Act 2025
sec.120Inquiries about beneficiaries
Start here
Get a plain-English read of sec.120
Turn the raw legal text into a practical explanation grounded in Trusts Act 2025.
sec.120 Inquiries about beneficiaries
A trustee may make the inquiries, by way of advertisement or otherwise, that the trustee considers necessary to ascertain the existence or whereabouts of a beneficiary of the trust. The costs, expenses and charges incurred by the trustee in making the inquiries about the beneficiary are payable out of the legacy, amount or distributive share to which the beneficiary is entitled. Subsection (2) applies subject to an express contrary intention in the trust instrument. (sec.120-ssec.1) A trustee may make the inquiries, by way of advertisement or otherwise, that the trustee considers necessary to ascertain the existence or whereabouts of a beneficiary of the trust. (sec.120-ssec.2) The costs, expenses and charges incurred by the trustee in making the inquiries about the beneficiary are payable out of the legacy, amount or distributive share to which the beneficiary is entitled. (sec.120-ssec.3) Subsection (2) applies subject to an express contrary intention in the trust instrument.