Acts and Regulations

2015, c.21 - Trustees Act

Section 81
Disposition versions

Full text
Beneficiaries instigating breach of trust
81(1)If a trustee commits a breach of trust, and the breach was at the instigation or request of or with the consent of some but not all of the beneficiaries, the court may order the beneficiaries who instigated, requested or consented to the breach to contribute to or indemnify the trustee or persons claiming through the trustee.
81(2)If the court makes an order under subsection (1), the court may order that all or part of the interest of the beneficiaries in the trust is to be used to satisfy the obligation to contribute to or indemnify the trustee or persons claiming through the trustee.
Beneficiaries instigating breach of trust
81(1)If a trustee commits a breach of trust, and the breach was at the instigation or request of or with the consent of some but not all of the beneficiaries, the court may order the beneficiaries who instigated, requested or consented to the breach to contribute to or indemnify the trustee or persons claiming through the trustee.
81(2)If the court makes an order under subsection (1), the court may order that all or part of the interest of the beneficiaries in the trust is to be used to satisfy the obligation to contribute to or indemnify the trustee or persons claiming through the trustee.