Section 52: Relief by Court
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
52. Relief by Court
(1) The Court may relieve a trustee wholly or partly of liability for a
breach of trust, where it appears to the Court that the trustee—
(a) has acted honestly and reasonably; and
(b) ought fairly to be excused—
(i) for the breach of trust;
(ii) for omitting to obtain the directions of the Court in the
matter in which the breach arose.
(2) Where a trustee commits a breach of trust at the instigation, at the
request or with the concurrence of a beneficiary, the Court may, whether or
not the beneficiary is a minor or a person under legal disability, order—
(a) the defaulting beneficiary to indemnify the trustee in respect of
the consequences of the breach of trust; and
(b) the trustee to appropriate any part of the interest accruing to the
beneficiary for that purpose.
PART VIII – CONSTRUCTIVE TRUST AND TRACING