33Vesting orders as to property

### 33 Vesting orders as to property > *\[Section 33 Amended by 25 Geo. V No. 78 \]**\[Section 33 Renumbered by 25 Geo. V No. 78 \]**\[Section 33 Subsection (1) amended by No. 63 of 1963, s. 117 and Sched. 6 \]* > > > (1)  *\[Section 33 Subsection (1) amended by No. 63 of 1963, s. 2 and Sched. 2 \]*In any case where – > > > > > > (a) the Court appoints or has appointed a new trustee; > > > > > > > (b) a trustee entitled to or possessed of any property, or entitled to a contingent right therein, either solely or jointly with any other person – > > > > > > > > > > (i) is an infant; > > > > > > > > > > > (ii) [*\[Section 33 Subsection (1) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999\]*](/view/html/inforce/1999-11-01/act-1996-032#JS1@Ja31@GC2@EN) is incapable, by reason of mental disorder, of exercising his functions as trustee; > > > > > > > > > > > (iii) is out of the jurisdiction of the Court; or > > > > > > > > > > > (iv) cannot be found; > > > > > > > (c) it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any property; > > > > > > > (d) as to the last trustee or trustees known to have been entitled to or possessed of any property, it is uncertain whether he or they or any of them be living or dead; > > > > > > > (e) there is no representative of a trustee who was entitled to or possessed of property, and has died intestate as to that property, or where it is uncertain who is the representative of a trustee who was entitled to or possessed of property and is dead; or > > > > > > > (f) a trustee jointly or solely entitled to or possessed of any property, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the property or a release of the right to convey the property or to release the right, and has wilfully refused or neglected to convey the property or release the right for 28 days after the date of the requirement – > > > > the Court may make an order, in this Act called a vesting order, vesting the property in such person in any such manner, and for any such estate as the Court may direct, or releasing or disposing of the contingent right to such person as the Court may direct. > > > (2)  Where an order made under this section – > > > > > > (a) is consequential on the appointment by the Court of a new trustee, the property shall be vested for such estate as the Court may direct in the persons who, on the appointment, are the trustees; and > > > > > > > (b) relates to a trustee entitled jointly with another person, the property or right shall be vested in such other person, either alone or with some other person, and shall not operate as a severance of any joint estate or interest unless the contrary be expressly declared in such order.