A custodian trustee with a reasonably based concern about the solvency of the responsible entity may properly retain scheme assets sufficient to meet its indemnification claims when directed to transfer those assets to a replacement custodian, pending final determination of its rights. The Court's function on an application for judicial advice is not to investigate the evidence and determine whether the trustee will succeed in litigation, but to determine whether the proceedings should be taken in the best interests of the trust estate.
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