Trusts Act 2025
sec.188Grounds for review or directions
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sec.188 Grounds for review or directions
The court may review the relevant decision, or give directions in relation to the apprehended decision, on the ground— the relevant decision or apprehended decision was not, or would not be, an appropriate exercise of the relevant power by the trustee or other person; or without limiting paragraph (a) , the relevant power was, or would be, exercised by the trustee or other person— in bad faith; or without real or genuine consideration; or contrary to the purposes of the trust. Also, the court may require the trustee or other person to appear before it to substantiate and uphold the grounds of the relevant decision or apprehended decision. (sec.188-ssec.1) The court may review the relevant decision, or give directions in relation to the apprehended decision, on the ground— the relevant decision or apprehended decision was not, or would not be, an appropriate exercise of the relevant power by the trustee or other person; or without limiting paragraph (a) , the relevant power was, or would be, exercised by the trustee or other person— in bad faith; or without real or genuine consideration; or contrary to the purposes of the trust. (sec.188-ssec.2) Also, the court may require the trustee or other person to appear before it to substantiate and uphold the grounds of the relevant decision or apprehended decision.
- (a) the relevant decision or apprehended decision was not, or would not be, an appropriate exercise of the relevant power by the trustee or other person; or
- (b) without limiting paragraph (a) , the relevant power was, or would be, exercised by the trustee or other person— (i) in bad faith; or (ii) without real or genuine consideration; or (iii) contrary to the purposes of the trust.
- (i) in bad faith; or
- (ii) without real or genuine consideration; or
- (iii) contrary to the purposes of the trust.
- (i) in bad faith; or
- (ii) without real or genuine consideration; or
- (iii) contrary to the purposes of the trust.