51Vesting orders

51 Vesting orders (1) The Court may make an order, in this Act called a vesting order, which shall have effect as provided in section fifty-eight of this Act. (2) A vesting order may be made in any of the following cases, namely— (a) where the Court appoints or has appointed a new trustee; (b) where a new trustee has been appointed out of court under any statutory or express power; (c) where a trustee retires or has retired; S. 51(2)(d) amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 12). (d) where a trustee is a minor; S. 51(2)(e) substituted by No. 59/1986 s. 143(2), amended by Nos 26/2014 s. 455(Sch. item 32), 39/2022 s. 877. (e) where a trustee is a patient within the meaning of the **Mental Health and Wellbeing Act 2022**; (f) where a trustee is out of the jurisdiction of the Court; (g) where a trustee cannot be found; (h) where a trustee being a corporation is dissolved; (i) where 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 twenty-eight days next after a request in writing has been made to him by the person so entitled; (j) where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any property; (k) where, as to the last trustee known to have been entitled to or possessed of any property, it is uncertain whether he is living or dead; (l) where there is no personal representative of the last trustee who was entitled to or possessed of any property or where it is uncertain who is the personal representative of such trustee or where the personal representative of such a trustee cannot be found; (m) where 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) where the Court might have made a vesting order if this Act had not been passed; (o) where property is vested in a trustee and it appears to the Court to be expedient to make a vesting order. (3) The provisions of subsection (2) of this section where applicable extend to a trustee entitled to or possessed of any property either solely or jointly with any other person and whether by way of mortgage or otherwise. No. 5770 s. 52.