33: Right to indemnity from gainer by breach of trust

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A person other than a trustee who has gained an advantage from a breach of trust must indemnify the trustee to the extent of the amount actually received by such person under the breach; and where he is a beneficiary the trustee has a charge on his interest for such amount. Nothing in this section shall be deemed to entitle a trustee to be indemnified who has, in committing the breach of trust, been guilty of fraud.

Effective date: 1882-03-01

Related sections

32: Right to reimbursement of expenses Right to be recouped for erroneous over payment 34: Right to apply to Court for opinion in management of trust property 31: Right to title deed 35: Right to settlement of accounts 30: Indemnity of trustees 36: General authority of trustee

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