Trustees and Warranties


Trustees of a Will Trust are entering into a deed of settlement relating to an overage provision on land sold from estate to buyer. Buyer requesting that trustees give warranties including that they shall warrant that they have power to execute the deed, that the beneficiaries are entitled to the overage provision etc. My client is a profession trustee and concerned as to what extent he can give warranties. Is it possible for the beneficiaries (who are absolutely entitled) to provide indemnities to the trustees.

Anna Stephenson
Swinburne Maddison LLP