Trusts Act 2025
sec.217Rights, duties and protections of statutory trustees
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sec.217 Rights, duties and protections of statutory trustees
In exercising a power under this Act, a statutory trustee— has all the rights of a trustee; and has all the duties and liabilities of a trustee for the parties beneficially interested in the trust property; and is entitled to all the indemnities and protections to which a trustee is entitled. However, despite subsection (1) (b) , a statutory trustee is not liable to impeachment of waste in relation to the exercise of a power under this Act. This section applies subject to any order made, or direction given, by the court. (sec.217-ssec.1) In exercising a power under this Act, a statutory trustee— has all the rights of a trustee; and has all the duties and liabilities of a trustee for the parties beneficially interested in the trust property; and is entitled to all the indemnities and protections to which a trustee is entitled. (sec.217-ssec.2) However, despite subsection (1) (b) , a statutory trustee is not liable to impeachment of waste in relation to the exercise of a power under this Act. (sec.217-ssec.3) This section applies subject to any order made, or direction given, by the court.
- (a) has all the rights of a trustee; and
- (b) has all the duties and liabilities of a trustee for the parties beneficially interested in the trust property; and
- (c) is entitled to all the indemnities and protections to which a trustee is entitled.