Your trusted CPD partner


Trustees - costs in litigation 2022

NZ $40.00
HEANY Elizabeth-596    
Elizabeth Heaney
Morgan Coakle,

Author: Elizabeth Heaney
Published: 1 August 2022
Pages: 28


Trust litigation appears to be on the rise. A key question for trustees in all trust litigation is: How to pay for it?

The starting point is that trustees are personally liable for all costs relating to the subject trust including legal costs. However, subject to certain conditions, trustees have a right either in the trust deed, by statute or in equity to be indemnified for those costs from the trust.

This paper discusses the scope of that indemnity and how trustees may avail themselves of it.

Content outline

  • Trustees under the Trusts Act 2019 and the Trustee Act 1956
  • Beddoe orders and prospective costs orders
  • Sources of the trustee’s indemnity
  • Indemnities under the trust deed or deed of retirement or removal of trustee
  • Statutory indemnities under s 38(2) of the 1956 Act and s 81 & 82 of the 2019 Act
  • Power of the court in respect of the trustee’s indemnity
  • The touchstone
  • Factors relevant to recovering under the indemnity
  • Trustee’s conduct in litigation
View contents page

You might also be interested in ...

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.

Proceed to Checkout

Contentious Trusts and Estates 2022

Publication Date: 15-Jun-2022

Authors: Shane Campbell, Jared Ormsby

NZ $65.00

Multiple Registration

Winding Up a Trust 2022

Publication Date: 03-May-2022

Author: Aimee Mitchell

NZ $40.00
Contact us to order
freephone (within NZ)
0800 333 111

[email protected]

04 472 7837
Level 4, 17-21 Whitmore Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand