Section 75 — Trusts Act 2019: Reliance on special trust adviser’s advice

75 Reliance on special trust adviser’s advice (1) If there is a special trust adviser, a trustee— (a) may consult the special trust adviser on any matter relating to the trust; and (b) is not required to follow the special trust adviser’s advice; and (c) is not liable in a proceeding brought by or on behalf of a beneficiary for an act or omission the trustee makes as a result of following the special trust adviser’s advice unless the act or omission involves the trustee’s dishonesty, wilful misconduct, or gross negligence ( see section 44 , which relates to the court’s consideration of gross negligence). (2) A special trust adviser’s disagreement with or objection to a proposed action to be taken by a trustee in respect of trust property does not affect a person dealing with the trustee in the matter. Compare: 1956 No 61 s 49(3)(c), (4)