Payment of Trustees

(1) Subject to the terms of the trust, an individual trustee engaged in any profession or business shall be entitled to charge and be paid all usual professional or other charges for business transacted, time spent and acts done by him or any partner or employee of his or of his firm in connection with the trust, including acts which a trustee not being engaged in any profession or business could have done personally. (2) Subject to the terms of the trust, a corporate trustee shall be entitled to such remuneration as may from time to time be agreed in writing between such corporation and the settlor or protector or, in the absence of such agreement, in accordance with its standard terms and conditions as to the administration of trusts current from time to time. (3) Where the terms of a trust provide that a trustee shall not receive any payment for acting as such, payment may nevertheless be authorised– (a) by the Court; or (b) by some or all of the beneficiaries of the trust, Provided that a beneficiary may not authorise such payment if the beneficiary– (i) is a minor or a person under legal disability; (ii) does not have full knowledge of all material facts; or (iii) is improperly induced by the trustee to authorise such payment. 34 (4) Where only some of the beneficiaries authorise payment to a trustee in accordance with sub-section (3), the payment shall be made out of the share of the trust property which in the opinion of the trustee is referable to the interests of those beneficiaries who so authorise payment.