• The Nature of Indemnity Right of Trustees

    The Nature of Indemnity Right of Trustees

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    Olaniran Osotuyi, Associate, Olaniwun Ajayi LP examines “The Nature of Indemnity Right of Trustees”. While the law is fairly settled on the right of a trustee to be indemnified, to recoup the cost from the trust property and in certain circumstances from the beneficiaries for costs properly incurred in the performance of the trust, the nature of that right has been controversial, particularly whether it confers beneficial proprietary interest in the trust fund on the trustee. The article examines the foundations of the trustee’s right of indemnity and argues that while the trustee’s right may find an uncomfortable niche within the class of rights which bear the proprietary label, it may not deliver all the benefits nor give rise to all the effects of property rights

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