---
title: "Check a trust deed against the trustee's statutory right of indemnity"
url: "https://ailawframework.com/practice/trusts-and-estate-planning/check-a-trust-deed-against-the-trustee-s-statutory-right-of-indemnity"
type: "task"
site: "AI Law Framework"
id: "A19-JU20261022-4"
practice_area: "Trusts & Estate Planning"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a trust deed against the trustee's statutory right of indemnity

> 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.

Canonical page: https://ailawframework.com/practice/trusts-and-estate-planning/check-a-trust-deed-against-the-trustee-s-statutory-right-of-indemnity  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Trusts & Estate Planning](https://ailawframework.com/practice/trusts-and-estate-planning.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Read each indemnity clause against section 59, including the deed's power to alter subsections (1) and (2).

- What the AI does: 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 does: The lawyer decides whether those clauses are effective against the statute, and what the trustee may retain before a distribution is paid.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Identify the governing law of the trust before applying a state Trustee Act.
2. Note that subsections (1) and (2) yield to the trust instrument, and do not treat every exemption clause as void.
3. List expenses against subsection (4) only where the lawyer is satisfied they were incurred in the execution of the trusts or powers.
4. Do not approve a distribution that leaves the trustee unable to meet a retained expense the lawyer has accepted.

## Notes

- 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.

## Sources

- [Trustee Act 1925 (NSW) s 59](https://classic.austlii.edu.au/au/legis/nsw/consol_act/ta1925122/s59.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/trusts-and-estate-planning/check-a-trust-deed-against-the-trustee-s-statutory-right-of-indemnity/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*