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TRUSTEE ACT 1925 - SECT 86 Indemnity for breach of trust

TRUSTEE ACT 1925 - SECT 86

Indemnity for breach of trust

86 Indemnity for breach of trust

(1) Where a trustee commits a breach of trust at the instigation or request or with the written consent of a beneficiary, the Court may, if it thinks fit, make such order as to the Court seems just for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or person claiming through the trustee.
(2) The provisions of subsection (1) shall be deemed to empower the Court to impound all or any part of the interest of any beneficiary who receives any pecuniary benefit from the breach of trust.
(3) This section applies notwithstanding that the beneficiary may be a married woman entitled for her separate use and restrained from anticipation.
(4) This section applies to breaches of trust committed as well before as after the commencement of this Act, but shall not prejudice any question in any suit or other proceeding instituted before and pending at the commencement of this Act.