Where proposed trust litigation is in substance a dispute between beneficiaries and the proposed defendant is a beneficiary with a substantial interest in the trust assets, the court may decline to advise trustees to bring proceedings if the effect would be that the costs of litigation come from the trust fund. However, loan repayment claims against entities recorded as debtors in the trust accounts may be treated as claims against external parties warranting judicial advice to proceed. A distinct order indemnifying trustees from trust assets is unnecessary where the court advises the trustees to bring proceedings, as the advice itself secures the indemnity.
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