Section 135 — Trusts Act 2019: Trustee may apply to court to bar claims

135 Trustee may apply to court to bar claims (1) The court may, on an application by a trustee,— (a) bar a claim by any person that directly or indirectly affects the trust property, including a claim against the trustee personally; or (b) authorise the trustee to administer the trust property without regard to the person’s claim. (2) Before making an application, a trustee must have served on the person, in accordance with the rules of court, a notice— (a) describing the general nature of the claim as the trustee understands it to be; and (b) stating that if a legal proceeding is not, within 90 days after the service of the notice, commenced to enforce the claim, a court may bar the claim or authorise the trustee to administer the trust property without regard to it. (3) The court may not make an order under this section barring— (a) a claim under the Family Protection Act 1955 ; or (b) an application for revocation of a grant of administration. (4) An order made by the court does not affect the right of any beneficiary of the trust to contest a claim by the trustee to any payment or indemnity from the trust property unless the beneficiary is a party to the proceeding. Compare: 1956 No 61 s 75