International Trusts Order, 2000 · As enacted · Part IX
79. Standing to enforce a special trust
Official textFrom Attorney General's Chambers, unchanged
( 1)
A beneficiary of a special trust does not as such have standing to enforce the trust, or an enforceable right against the trustee or an enforcer, or an enforceable right to the trust property.
special trust
"special trust" or "special power" means a trust or power that under section 76 is subject to Part IX of this Order;
The only persons who have standing to enforce a special trust are such persons, whether or not beneficiaries or settlors, as are appointed to be its enforcers-
{a}
by the trust instrument; or
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.
{b)
under provisions of the trust instrument for appointing new enforcers; or
{c)
by the Court under section 80.
The trust instrument of a special trust may either confer a power or impose a duty on an enforcer to enforce the trust.
trust
"trust" means an international trust except where the context otherwise requires;
1177
If the trust instrument does not provide that an enforcer is to have only a power to enforce the trust then the enforcer has a duty to do so.
A power or duty to enforce a trust is presumed, subject to evidence of a contrary intention, to extend to every trust which is created by or on the terms of the same instrument, or pursuant to a power so created.
instrument
"instrument" includes a written law and an instrument made under such law;
This section does not affect-
(a}
the enforcement, by a trustee, an enforcer or any other person involved in the administration of a trust, of a right to remuneration, indemnity or the payment of expenses out of trust property; or
person
"person" includes a natural person, any company or.association or body of persons, corporate or incorporated, including a partnership whether limited, unlimited or an international limited partnership created under the International Partnerships Order, 2000;
the enforcement of a trustee's duties by a co-trustee or a successor trustee.
Terms defined in s 2
instrument
Defined · s 2"instrument" includes a written law and an instrument made under such law;
person
Defined · s 2"person" includes a natural person, any company or.association or body of persons, corporate or incorporated, including a partnership whether limited, unlimited or an international limited partnership created under the International Partnerships Order, 2000;
property
Defined · s 2"property" includes - {a} money, goods, chases in action, land and every descriptions of property1 whether movable or immovable; and (b} obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of, or incident to, any property as defined in paragraph {a}; 1141 17th. JULY, 2000
special trust
Defined · s 2"special trust" or "special power" means a trust or power that under section 76 is subject to Part IX of this Order;
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.