Other powers of the court
12.1 A wide variety of unrelated powers are conferred on the court by various sections of the Trustee Act 1956. This chapter considers and makes recommendations in relation to the following sections of the Trustee Act:
- section 66 – applying to court for directions;
- section 72 – authorising payment of commission;
- section 74 – a power to make a beneficiary indemnify for breach of trust;
- section 75 – barring claims and future claims;
- sections 77 to 79 – payment of trust money to the Crown;
- section 76 – distribution of shares of missing beneficiaries; and
- section 35 – protection against creditors by means of advertising.
12.2 In broad terms, we recommend that each of these provisions be retained with some reform. These issues were discussed more extensively in the Preferred Approach Paper and the Fifth Issues Paper.