QLDIn ForceAct
Public Trustee Act 1978
sec.38Public trustee may be appointed new or additional trustee
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### sec.38 Public trustee may be appointed new or additional trustee
The public trustee may be appointed as a new trustee or as an additional trustee in the same cases, in the same manner and by the same persons or court as if the public trustee were a private person.
However, the public trustee shall not be appointed as a new or additional trustee otherwise than by a court, or pursuant to the order of a court, where the trust instrument contains a direction to the contrary.
When the public trustee is appointed under this section as a new or additional trustee, the public trustee shall, subject to this Act, have the same powers, authorities and discretions and act as if the public trustee had been originally appointed a trustee.
(sec.38-ssec.1) The public trustee may be appointed as a new trustee or as an additional trustee in the same cases, in the same manner and by the same persons or court as if the public trustee were a private person.
(sec.38-ssec.1A) However, the public trustee shall not be appointed as a new or additional trustee otherwise than by a court, or pursuant to the order of a court, where the trust instrument contains a direction to the contrary.
(sec.38-ssec.2) When the public trustee is appointed under this section as a new or additional trustee, the public trustee shall, subject to this Act, have the same powers, authorities and discretions and act as if the public trustee had been originally appointed a trustee.