What is the test for indemnification for expenses incurred by a trustee as a result of misconduct?
British Columbia, Canada
The following excerpt is from Re: Vince Insurance Trust, 2016 BCSC 1992 (CanLII):
The application of this test, generally speaking, would disentitle a trustee to indemnification for expenses arising out of his or her own misconduct: Tebbs v. Carpenter (1816), 1 Madd. 290, and expenses that he or she voluntarily assumed: Waters' Law of Trusts at 1210. The matter is more complicated, however, in cases where a strict application of the test would preclude indemnity but where the trust benefited from the incurred expense.
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