sec.161Court may reduce excessive amounts for commission and professional charges

sec.161 Court may reduce excessive amounts for commission and professional charges

This section applies if the court considers that either of the following amounts charged, or proposed to be charged, by a trustee in respect of a trust is excessive— an amount for commission; an amount for professional charges. The court may, on application by a person interested in the trust or on its own initiative, review the amount and, on the review, reduce the amount. Subsection (2) applies despite any provision of an Act, or of the trust instrument, authorising the charging of the amount. However, this section does not apply in relation to a trustee that is— a licensed trustee company; or the public trustee, to the extent an amount mentioned in subsection (1) (a) or (b) is charged, or proposed to be charged, by the public trustee as fees and charges under the Public Trustee Act 1978 , section 17 . In this section— amount includes part of an amount. (sec.161-ssec.1) This section applies if the court considers that either of the following amounts charged, or proposed to be charged, by a trustee in respect of a trust is excessive— an amount for commission; an amount for professional charges. (sec.161-ssec.2) The court may, on application by a person interested in the trust or on its own initiative, review the amount and, on the review, reduce the amount. (sec.161-ssec.3) Subsection (2) applies despite any provision of an Act, or of the trust instrument, authorising the charging of the amount. (sec.161-ssec.4) However, this section does not apply in relation to a trustee that is— a licensed trustee company; or the public trustee, to the extent an amount mentioned in subsection (1) (a) or (b) is charged, or proposed to be charged, by the public trustee as fees and charges under the Public Trustee Act 1978 , section 17 . (sec.161-ssec.5) In this section— amount includes part of an amount.

• (a) an amount for commission;
• (b) an amount for professional charges.
• (a) a licensed trustee company; or
• (b) the public trustee, to the extent an amount mentioned in subsection (1) (a) or (b) is charged, or proposed to be charged, by the public trustee as fees and charges under the Public Trustee Act 1978 , section 17 .