Trusts Act 2025
sec.138Trustee may require claimant or potential claimant to start proceeding
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sec.138 Trustee may require claimant or potential claimant to start proceeding
This section applies if a trustee does not accept a claim in relation to the trust that has been made, or that the trustee has reason to believe may be made, by a claimant or potential claimant. The trustee may, by written notice given to the claimant or potential claimant, require the claimant or potential claimant— to start a proceeding to enforce the claim within 6 months after the day the notice is given; and to prosecute the proceeding with appropriate diligence. (sec.138-ssec.1) This section applies if a trustee does not accept a claim in relation to the trust that has been made, or that the trustee has reason to believe may be made, by a claimant or potential claimant. (sec.138-ssec.2) The trustee may, by written notice given to the claimant or potential claimant, require the claimant or potential claimant— to start a proceeding to enforce the claim within 6 months after the day the notice is given; and to prosecute the proceeding with appropriate diligence.
- (a) to start a proceeding to enforce the claim within 6 months after the day the notice is given; and
- (b) to prosecute the proceeding with appropriate diligence.