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TRUSTS ACT 1973 - SECT 56
Power to delegate trusts
56 Power to delegate trusts
(1) A trustee who for the time being is out of the State or is about to depart
therefrom, or who is, or may be about to become, by reason of physical
infirmity, temporarily incapable of performing all duties as a trustee may,
subject to the provisions of this section, and notwithstanding any rule of law
or equity to the contrary, by power of attorney, delegate to any person
resident in the State the execution or exercise during the trustee’s absence
from the State or during the trustee’s incapacity, as the case may be, of
all or any trusts, powers, authorities, and discretions vested in the trustee
as such trustee, whether alone or jointly with any other person or persons;
but a person being the only other co-trustee and not being a
trustee corporation shall not be appointed to be an attorney under this
subsection.
(2) Where any delegation has under this section been duly made to
and accepted by any person and is for the time being in operation, that person
has, within the scope of the delegation, the same trusts, powers, authorities,
discretions, liabilities, and responsibilities (except the power of delegation
conferred by this section) as the person would have if the person were then
the trustee.
(3) Every trustee shall be liable for the acts and defaults of
every such delegate as if they were the trustee’s own acts and defaults.
(4) All jurisdictions and powers of any court apply to the donee of a power of
attorney given under this section in the same manner, so far as respects the
execution of the trust or the administration of the estate to which the power
of attorney relates, as if the donee were acting in relation to the trust or
estate in the same capacity as the donor of the power.
(5) A power of
attorney given under this section does not come into operation unless and
until the donor is out of the State or is incapable of performing all the
donor’s duties as a trustee, and is revoked by the donor’s return or by
the donor’s recovery of that capacity, as the case may be.
(6) In favour of
any person dealing with the donee of a power of attorney given under this
section, any act done or instrument executed by the donee, is, notwithstanding
that the power has never come into operation or has been revoked, whether by
the act of the donor of the power or by operation of law, as valid and
effectual as if the power had come into operation and remained unrevoked at
the time when the act was done or the instrument executed, unless that person
had at that time actual notice that the power had never come into operation or
of the revocation of the power.
(7) A statutory declaration by the donee of a
power of attorney given under this section relating to any trust or estate
that the power has come into operation or that in any transaction the donee is
acting in the execution of the trust or the administration of the estate, is,
in favour of a person dealing with the donee of the power, conclusive evidence
of that fact.
(8) The fact that it appears from any power of attorney given
under this section, or from any evidence required for the purposes of any
power of attorney or otherwise, that in any transaction the donee of the power
is acting in the execution of a trust shall not affect with notice of the
trust any person dealing in good faith with the donee.
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