34Devolution of trusts and powers

### 34 Devolution of trusts and powers > *\[Section 34 Amended by 25 Geo. V No. 78 \]**\[Section 34 Substituted by 26 Geo. V No. 97, s. 3 \]* > > > (1)  Until the appointment of new trustees, the personal 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, and shall be deemed at all times to have been, 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 other the trustees or trustee for the time being of the trust. > > > (2)  This section shall take effect subject to any direction to the contrary expressed in the instrument, if any, creating the power or trust. > > > (3)  In this section ***personal representative*** does not include an executor who has renounced or has not proved. > > > (4)  The provisions of this section are subject to any restrictions affecting receipts by a sole trustee other than a trust corporation.