Trustee reimbursement rights permit recovery of incurred trust expenses from trust property or from beneficiary if assets fail. A trustee may reimburse expenses properly incurred from the trust-property or, if paid personally, hold a first charge on the trust-property enforceable (without prior court sanction) by prohibiting disposition until payment; if trust assets fail, the trustee may recover from the beneficiary personally. A mistaken over-payment may be recouped from the beneficiary's interest, or from the beneficiary personally if that interest fails.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Trustee reimbursement rights permit recovery of incurred trust expenses from trust property or from beneficiary if assets fail.
A trustee may reimburse expenses properly incurred from the trust-property or, if paid personally, hold a first charge on the trust-property enforceable (without prior court sanction) by prohibiting disposition until payment; if trust assets fail, the trustee may recover from the beneficiary personally. A mistaken over-payment may be recouped from the beneficiary's interest, or from the beneficiary personally if that interest fails.
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