Trusts Act 2025
sec.53Application by custodian trustee for directions
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sec.53 Application by custodian trustee for directions
A custodian trustee may apply to the court for directions if the custodian trustee believes a direction of the managing trustees mentioned in section 50 (1) or (2) — conflicts with the trust instrument or the law; or exposes, or would expose, the custodian trustee to a personal liability; or is otherwise objectionable. The court may, on an application under subsection (1) , make the orders and give the directions the court considers appropriate, including an order about the costs of the application. An order made under subsection (2) giving directions binds the custodian trustee and the managing trustees. (sec.53-ssec.1) A custodian trustee may apply to the court for directions if the custodian trustee believes a direction of the managing trustees mentioned in section 50 (1) or (2) — conflicts with the trust instrument or the law; or exposes, or would expose, the custodian trustee to a personal liability; or is otherwise objectionable. (sec.53-ssec.2) The court may, on an application under subsection (1) , make the orders and give the directions the court considers appropriate, including an order about the costs of the application. (sec.53-ssec.3) An order made under subsection (2) giving directions binds the custodian trustee and the managing trustees.
- (a) conflicts with the trust instrument or the law; or
- (b) exposes, or would expose, the custodian trustee to a personal liability; or
- (c) is otherwise objectionable.