A trustee is not always entitled to recoup his or her litigation expenses from the trust fund. Often a
trustee will have to await the outcome of litigation before he or she can exercise any right of indemnity. There
are now over 300,000 trusts in New Zealand and an increasing number of trust disputes are being brought before the courts (Wear “QCsaysNZneeds specialist trust bar”Lawtalk, 18 February 2008). However, it is still common for trustees to be advised that they are entitled to have their litigation expenses met out of the trust fund. This is not always the case.
Click here to read full article