Check a trust deed against the trustee's statutory right of indemnity
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the deed and the statute the lawyer identifies, list the clauses that change the trustee's liability for the acts of others or for loss, and the clauses that deal with reimbursement from the trust property.
- What the lawyer must review
- The lawyer decides whether those clauses are effective against the statute, and what the trustee may retain before a distribution is paid.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the deed and the statute the lawyer identifies, list the clauses that change the trustee's liability for the acts of others or for loss, and the clauses that deal with reimbursement from the trust property. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Identify the governing law of the trust before applying a state Trustee Act.
- Note that subsections (1) and (2) yield to the trust instrument, and do not treat every exemption clause as void.
- List expenses against subsection (4) only where the lawyer is satisfied they were incurred in the execution of the trusts or powers.
- Do not approve a distribution that leaves the trustee unable to meet a retained expense the lawyer has accepted.
Sources
- Trustee Act 1925 (NSW) s 59 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.