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Trustee Act 1893
8Matters to which trustee shall have regard in exercising power
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8 Matters to which trustee shall have regard in exercising power
of investment
(1) Without limiting the matters that a trustee may take into account
when exercising a power of investment, a trustee shall, so far as
they are appropriate to the circumstances of the trust, have regard
to:
(a) the purposes of the trust and the needs and circumstances of
the beneficiaries;
(b) the desirability of diversifying trust investments;
(c) the nature of and risk associated with existing trust
investments and other trust property;
(d) the need to maintain the real value of the capital or income of
the trust;
(e) the risk of capital or income loss or depreciation;
(f) the potential for capital appreciation;
Proclamation in the Government Gazette 4
(g) the likely income return and the timing of income return;
(h) the length of the term of the proposed investment;
(j) the probable duration of the trust;
(k) the liquidity and marketability of the proposed investment
during, and on the determination of, the term of the proposed
investment;
(m) the aggregate value of the trust estate;
(n) the effect of the proposed investment in relation to the tax
liability of the trust;
(p) the likelihood of inflation affecting the value of the proposed
investment or other trust property;
(q) the cost (including commissions, fees, charges and duties
payable) of making the proposed investment; and
(r) the results of a review of existing trust investments.
(2) A trustee may:
(a) obtain and consider independent and impartial advice
reasonably required for the investment of trust funds or the
management of the investment from a person whom the
trustee reasonably believes to be competent to give the
advice; and
(b) pay out of trust funds the reasonable costs of obtaining the
advice.