This week we will return to the tension between the trustee’s right of indemnity and the interest of the beneficiary in the trust fund. This will be viewed through the lens of the entitlement of a former trustee to be indemnified out of trust assets. The trustee’s right of indemnity is important for understanding the rights of the beneficiaries to the capital and income of the trust, and the circumstances in which they can obtain a vested and indefeasable interest.
Please see below link to case materials which is assumed reading in order to participate in the discussion:
Naaman v Jaken Properties Australia Pty Limited [2025] HCA 1 (5 February 2025)
Discussion led by Adrian Cartland.