58GCTreatment of trusts

58GC Treatment of trusts

(1) The SPF provisions apply to a trust as if it were a person, but with the changes set out in this section.

Trusts with a single trustee

(2) If the trust has a single trustee:

(a) an obligation that would otherwise be imposed on the trust by an SPF provision is imposed on the trustee instead; and

(b) if an SPF provision would otherwise permit something to be done by the trust, the thing may be done by the trustee.

Trusts with multiple trustees

(3) If the trust has 2 or more trustees:

(a) an obligation that would otherwise be imposed on the trust by an SPF provision is imposed on each trustee instead, but may be discharged by any of the trustees; and

(b) if an SPF provision would otherwise permit something to be done by the trust, the thing may be done by any of the trustees.