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Trustee Act 1936
Part 6Miscellaneous and supplemental
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Part 6—Miscellaneous and supplemental
85—Commission concerning person of unsound mind
On an application being presented under this Act to the Supreme Court concerning a person of unsound mind, the court may direct a commission in the nature of a writ de lunatico inquirendo to issue as to such person, and may postpone making an order on the application until after the return to the commission.
86—Provisions of Act in addition to unrepealed Act
The provisions of this Act are in addition to those of any other enactment.
87—Application to trustee under Settled Estates Act of provisions as to appointment of trustees
(1) All the powers and provisions contained in this Act with reference to the appointment of new trustees, and the discharge and retirement of trustees, are to apply to and include trustees for the purposes of the Settled Estates Act 1880 whether appointed by the court or by the settlement, or under provisions contained in the settlement.
(2) This section applies and is to have effect with respect to an appointment or a discharge and retirement of trustees taking place before as well as after the commencement of this Act.
(3) This section is not to render invalid or prejudice any appointment or any discharge and retirement of trustees effected before the passing of this Act.
89—Registration of vesting order or transfer
(1) The Registrar-General shall, on receiving any vesting order or transfer made in pursuance of an order of the Supreme Court under this Act of land under the provisions of the Real Property Act 1886, register the order or transfer by making an entry thereof in the register book.
(2) Thereupon the person in whose favour the vesting order is made, or the transferee, shall be the registered proprietor of the land, and the Registrar-General may register any such vesting order or transfer without requiring the production of an instrument of title.
90—Parties entitled may apply to Court by summons
(1) Any person entitled to apply for an order of the Supreme Court under this Act may apply by summons, and may give evidence, by affidavit or otherwise, in support of that summons, and may serve such person or persons with notice of the application as he may deem entitled to service thereof.
(2) Upon hearing the application the Court may either dispose of the matter in the first instance, or may direct a reference to the Master to inquire into any facts which require investigation, or may direct the application to stand over until the right of the applicant has been declared in an action instituted for that purpose, or to enable the applicant to adduce evidence, or for further consideration, or to enable notice or any further notice of the application to be served upon any person, and may deal with the applicant, and may make such order with respect to costs as shall seem just.
91—Advice and directions of court and commission
Sections 94 and 95 of the Succession Act 2023 apply to trustees as defined by this Act, and section 90 of this Act shall extend to applications under either of the same sections, but without limiting the powers of the Supreme Court, apart from the said section 90, with regard to such applications.
92—Power to make order in action or matter
When in any action or matter, either by the evidence adduced therein, or by the admission of the parties, or by a report of the Master, the facts necessary for an order under this Act appear to the Supreme Court to be sufficiently proved, the court may make such order under this Act.
93—Indemnity
This Act, and every order purporting to be made under this Act, shall be a complete indemnity to all companies and persons for any acts done pursuant thereto; and it shall not be necessary for any company or person to inquire concerning the propriety of the order, or whether the court by which it was made had jurisdiction to make the same.
94—Regulations
The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.