71Vesting orders

71 Vesting orders (1) The Supreme Court may make an order under this section (a vesting order). Note Section 78 deals with the effect of vesting orders. (2) The Supreme Court may make a vesting order in the following cases: (a) if the court appoints or has appointed a new trustee; (b) if a new trustee has been appointed out of court under any statutory or express power; (c) if a trustee retires or has retired; (d) if the trustee is a child; (e) if the trustee is a person with a mental disability; (f) if a trustee is out of the jurisdiction of the court; (g) if a trustee cannot be found; (h) if a trustee being a corporation is dissolved; (i) if a trustee neglects or refuses to convey any property, or to receive the dividends or income of any property, or to sue for or recover any property according to the direction of the person absolutely entitled to the same for 28 days next after a request in writing has been made to him or her by the person so entitled; (j) if it is uncertain who was the survivor of 2 or more trustees jointly entitled to or possessed of any property; (k) if, as to the last trustee known to have been entitled to or possessed of any property, it is uncertain whether he or she is living or dead; (l) if there is no legal representative of a trustee who was entitled to or possessed of any property or where it is uncertain who is the legal representative of a trustee who was entitled to or possessed of any property; (m) if any person neglects or refuses to convey any property, or to receive the dividends or income of any property, or to sue for or recover any property in accordance with the terms of an order of the court; (n) if the court might have made a vesting order if this Act had not been passed; (o) if property is vested in a trustee, whether by way of mortgage or otherwise, either solely or jointly with any other person, and it appears to the court to be expedient to make a vesting order. (3) Subsection (2) (d), (e), (f), (g), (h) and (i) extend to a trustee entitled to or possessed of any property either solely or jointly with any other (4) Where the order is consequential on the appointment of a new trustee, the property shall be vested in the persons who, on the appointment are the trustees. (5) Where the vesting order is consequential on the retirement of 1 or more of a number of trustees, the property may be vested in the continuing trustees alone. (6) Subject to subsection (4), the order may vest the property in anyone, in any way and for any interest that the Supreme Court directs, or may release or dispose of any contingent right to a person as the court directs. (7) The fact that the order is founded or purports to be founded on an allegation of the existence of any of the matters mentioned in subsection (2) shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order. (8) This section does not prevent the Supreme Court from— (a) directing a reconveyance or the payment of costs incurred if the order is improperly obtained; or (b) making a further vesting order. (9) If a legal interest in property ends because of the dissolution of a corporation, the Supreme Court may, by order— (a) create a corresponding interest; and (b) vest the corresponding interest in the person who would have been entitled to the interest if it had not ended.