11 Nov 2021
ALEXANDER v ALEXANDER [2021] NZHC 3056
- Citation
- [2021] NZHC 3056
- Court
- High Court
Trustees are entitled to indemnity from trust assets for legal costs under Trusts Act s81 and Trustee Act s38(2) only to the extent the costs were reasonably and properly incurred; where costs were partly unnecessary or pursued without regard to all beneficiaries the court must apportion liability between the trust and the trustees personally. Applying that standard the court apportioned specified percentages of various invoices to the trust and the trustees and removed the current trustees, appointing Perpetual Trust Ltd as replacement trustee; the court further ordered 25% of the applicant'…