Trusts Act 2025
sec.137Definitions for division
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sec.137 Definitions for division
In this division— claim , in relation to a trust— means a claim— to or against the trust property; or against the trustee personally because the trustee is under a liability for which the trustee is entitled to reimbursement out of the trust property; but does not include— a claim under the Succession Act 1981 , part 4 ; or a claim that is an application to revoke a grant of probate or letters of administration; or a claim for which insurance is required to be, and is, maintained under an Act. claimant means a person who makes a claim in relation to a trust, whether as a creditor or beneficiary or otherwise. potential claimant means a person who may make a claim in relation to a trust, whether as a creditor or beneficiary or otherwise.
- (a) means a claim— (i) to or against the trust property; or (ii) against the trustee personally because the trustee is under a liability for which the trustee is entitled to reimbursement out of the trust property; but
- (i) to or against the trust property; or
- (ii) against the trustee personally because the trustee is under a liability for which the trustee is entitled to reimbursement out of the trust property; but
- (b) does not include— (i) a claim under the Succession Act 1981 , part 4 ; or (ii) a claim that is an application to revoke a grant of probate or letters of administration; or (iii) a claim for which insurance is required to be, and is, maintained under an Act.
- (i) a claim under the Succession Act 1981 , part 4 ; or
- (ii) a claim that is an application to revoke a grant of probate or letters of administration; or
- (iii) a claim for which insurance is required to be, and is, maintained under an Act.
- (i) to or against the trust property; or
- (ii) against the trustee personally because the trustee is under a liability for which the trustee is entitled to reimbursement out of the trust property; but
- (i) a claim under the Succession Act 1981 , part 4 ; or
- (ii) a claim that is an application to revoke a grant of probate or letters of administration; or
- (iii) a claim for which insurance is required to be, and is, maintained under an Act.