Skip to content
Contents

Part III

31. Devolution of powers of trustees

(1)

Where there are more than two trustees and where a power or trust is given to or imposed upon two or more trustees jointly, a decision of the majority of trustees shall be binding on all, and such a power or trust may be exercised or performed by the survivors or survivor of them (being a trust corporation) for the time being. Subject to the terms of the trust instrument where there is an equality of trustees only, then the trust corporation which is one of the trustees shall have a casting vote.

(2)

Until the appointment of new trustees, the personal representatives or representative for the time being of a sole trustee, or, where there were two or more trustees, of the last surviving or continuing trustee, shall be capable of exercising or performing any power or trust which was given to, or capable of being exercised by, the sole or last surviving or continuing trustee, or the other trustees or trustee for the time being of the trust.

(3)

In this section, "personal representative" shall not include an executor who has renounced or has not proved.

1153

Report

Part IV

Protections and Indemnities of Trustees

Part VI

Part VII

Powers of the Court

Part VIII

Authorised Purpose Trusts

Part IX

Part X

Additional Provisions

Part XI

Governing Law

Schedules