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s 50

Power to make beneficiary indemnify for breach of trust

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Part IIIPowers of the Court

50 Power to make beneficiary indemnify for breach of trust

(1)

Where a trustee commits a breach of trust at the instigation or request or with the consent in writing of a beneficiary, the Supreme

Court may, if it thinks fit, and notwithstanding that the beneficiary may be a married woman entitled for her separate use and restrained from anticipation, 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 any person claiming through him.

(2)

This section shall apply to breaches of trust committed as well before as after the commencement of this Act, but shall not apply so as to prejudice any question in an action or other proceeding which is pending at the commencement of this Act.

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Trustee Act 1893 s 50 — Power to make beneficiary indemnify for breach of trust (Northern Territory) — Barrister AI