Express limitation of a trustee's rights of indemnity
- Publication Type:
- Journal Article
- Journal of Equity, 2011, August 2011, 5 (2), pp. 77 - 107
- Issue Date:
This article discusses whether or not a trust instrument may effectively exclude a trustee's right of indemnity from trust property. The issue affects significantly the rights of creditors and the law is unclear. It is suggested that convincing and certain answers cannot be found in or derived from the cases. Therefore it is appropriate to refocus analysis on normative frameworks in order to determine what the law should be.
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