Section 139 — Trusts Act 2019: Court may order payment of remuneration to trustee

139 Court may order payment of remuneration to trustee (1) Despite section 37 (duty to act for no reward), the court may order that reasonable remuneration be paid out of the trust property to a person who is or has been a trustee of the trust if the court is satisfied that it is just and reasonable to do so. (2) In determining under subsection (1) what remuneration is reasonable, the court must consider the following: (a) the total amount that has already been paid to any trustee of the trust: (b) the number and difficulty of the services provided by the trustee: (c) the liabilities to which the trustee is or has been exposed, and the responsibilities imposed on the trustee: (d) the skill and success of the trustee in administering the trust: (e) the value of the trust property: (f) the time and services reasonably required of the trustee: (g) whether any payment that might otherwise have been allowed or ordered should be refused or reduced due to the conduct of the trustee in the administration of the trust: (h) any other circumstances that the court considers relevant. (3) If there are 2 or more persons who are or have been trustees, an order may specify whether and how the commission is to be apportioned among the trustees. Compare: 1956 No 61 s 72