International Trusts Order, 2000 · As enacted · Part II · Investments
6. Exercise of powers of investment
Official textFrom Attorney General's Chambers, unchanged
Without limiting the powers of investment conferred under section 5
and subject to the terms of the trust instrument trustees may make, retain and change investments having regard to the purposes, distribution requirements and other circumstances of the trust (including, without limitation, the circumstance that a trust is an international trust any may ipso facto, but subject to its terms, be administered and discharged according to differing investment policies than a trust which is not an international trust) and of the beneficiaries.
trust instrument
"trust instrument" means the written testamentary or other instrument if any by which, or on the terms of which, the trust is created (including any subsequent instruments affecting the terms or administration of the trust) or where the trust was not created by, or on the terms of, any written instrument refers to any trust instrument evidencing an oral declaration creating the trust. Application and restrictions.
Notwithstanding subsection (1), trustees who are named or appointed as trustees in reliance upon their representation that they have special skills or expertise, have a duty to the beneficiaries to use such special skills or expertise.
This section shall apply if and so far only as a contrary intention is not expressed in the trus.t instrument and shall have effect subject to the terms of that instrument.
instrument
"instrument" includes a written law and an instrument made under such law;
Investment advice.
Terms defined in s 2
instrument
Defined · s 2"instrument" includes a written law and an instrument made under such law;
trust
Defined · s 2"trust" means an international trust except where the context otherwise requires;
trust instrument
Defined · s 2"trust instrument" means the written testamentary or other instrument if any by which, or on the terms of which, the trust is created (including any subsequent instruments affecting the terms or administration of the trust) or where the trust was not created by, or on the terms of, any written instrument refers to any trust instrument evidencing an oral declaration creating the trust. Application and restrictions.
Part III
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