35Protection in regard to notice when a person is trustee etc. of more than one estate or trust

35 Protection in regard to notice when a person is trustee etc. of more than one estate or trust (1) A trustee or personal representative acting for the purposes of more than one trust or estate shall not, in the absence of fraud be affected by notice of any instrument, matter, fact or thing in relation to any particular trust or estate if he has obtained notice thereof merely by reason of his acting or having acted for the purposes of another trust or estate. (2) A trustee acting or paying money in good faith under or in pursuance of any power of attorney shall not be liable for any such act or payment by reason of the fact that at the time of the act or payment the person who gave the power of attorney was subject to any disability or bankrupt or dead, or had done or suffered some act or thing to avoid the power if this fact was not known to the trustee at the time of his so acting or paying: Provided that— (a) nothing in this section shall affect the right of any person entitled to the money against the person to whom the payment is made; (b) the person so entitled shall have the same remedy against the person to whom the payment is made as he would have had against the trustee; S. 35(2) Proviso (c) amended by No. 57/2014 s. 163(1). (c) nothing in this section shall repeal or prejudice the provisions of any Act now or hereafter to be in force relating to powers of attorney and in particular where the power ofattorney was filed under the **Instruments Act 1958** (as in force before the commencement of the **Instruments (Powers of Attorney) Act 1980**) nothing in this section shall apply to any act done or payment made by a trustee after revocation of the power has been registered under that Act. S. 35(3) inserted by No. 57/2014 s. 163(2) (as amended by No. 20/2015 s. 53). (3) For the purpose of subsection (2)— ***power of attorney*** means a power of attorney thatwas made and registered under the **Instruments Act 1958** as in force before thecommencement of the **Instruments (Powers of Attorney) Act 1980**. No. 5770 s. 36.