sec.143Enforcement of remedies for wrongful distribution

sec.143 Enforcement of remedies for wrongful distribution

This section applies if— a trustee wrongfully distributes trust property; and a person (the claimant ) suffers loss because of the wrongful distribution. The claimant may enforce the same remedies against the trustee, and against any person to whom the wrongful distribution has been made (a recipient ), as the claimant could enforce against a personal representative who has wrongfully distributed the estate of a deceased person. The claimant is not required to exhaust all remedies that may be available to the claimant against the trustee before starting a proceeding to enforce a remedy under subsection (2) against a recipient. (sec.143-ssec.1) This section applies if— a trustee wrongfully distributes trust property; and a person (the claimant ) suffers loss because of the wrongful distribution. (sec.143-ssec.2) The claimant may enforce the same remedies against the trustee, and against any person to whom the wrongful distribution has been made (a recipient ), as the claimant could enforce against a personal representative who has wrongfully distributed the estate of a deceased person. (sec.143-ssec.3) The claimant is not required to exhaust all remedies that may be available to the claimant against the trustee before starting a proceeding to enforce a remedy under subsection (2) against a recipient.

• (a) a trustee wrongfully distributes trust property; and
• (b) a person (the claimant ) suffers loss because of the wrongful distribution.