Trusts Act 2025
sec.155Power of court to relieve trustee from personal liability
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sec.155 Power of court to relieve trustee from personal liability
This section applies if it appears to the court that a trustee is, or may be, personally liable for a breach of trust. The court may relieve the trustee either wholly or partly from personal liability for the breach of trust if the court is satisfied— the trustee has acted honestly and reasonably; and the trustee ought fairly to be excused— for the breach of trust; and for omitting to obtain the court’s directions in the matter in which the trustee committed the breach of trust. See part 11 , division 8 in relation to applications to the court for directions about matters relating to a trust. (sec.155-ssec.1) This section applies if it appears to the court that a trustee is, or may be, personally liable for a breach of trust. (sec.155-ssec.2) The court may relieve the trustee either wholly or partly from personal liability for the breach of trust if the court is satisfied— the trustee has acted honestly and reasonably; and the trustee ought fairly to be excused— for the breach of trust; and for omitting to obtain the court’s directions in the matter in which the trustee committed the breach of trust. See part 11 , division 8 in relation to applications to the court for directions about matters relating to a trust.
- (a) the trustee has acted honestly and reasonably; and
- (b) the trustee ought fairly to be excused— (i) for the breach of trust; and (ii) for omitting to obtain the court’s directions in the matter in which the trustee committed the breach of trust. Note— See part 11 , division 8 in relation to applications to the court for directions about matters relating to a trust.
- (i) for the breach of trust; and
- (ii) for omitting to obtain the court’s directions in the matter in which the trustee committed the breach of trust. Note— See part 11 , division 8 in relation to applications to the court for directions about matters relating to a trust.
- (i) for the breach of trust; and
- (ii) for omitting to obtain the court’s directions in the matter in which the trustee committed the breach of trust. Note— See part 11 , division 8 in relation to applications to the court for directions about matters relating to a trust.