14Advisory trustees, appointment and functions of

##### 14. Advisory trustees, appointment and functions of (1) In the administration of any trust property any trustee may act, to the extent in this section provided, with an advisory trustee or advisory trustees. (2) An advisory trustee or advisory trustees may be appointed in respect of all or any part of the trust property — (a) by the testator, settlor or other creator of the trust, in the instrument creating the trust; or (b) by order of the Court made on the application of any beneficiary or trustee or of any person on whose application the Court would have power to appoint a new trustee; or (c) by any person having power to appoint a new trustee. (3) Where a trustee acts with an advisory trustee or advisory trustees, the trust property shall be vested in the firstmentioned trustee (in this section referred to as the responsible trustee), who shall have the sole management and administration of the estate and its trusts as fully and effectually as if he were the sole trustee, and in any such case — (a) the responsible trustee may consult the advisory trustees on any matter relating to the trusts or the estate; and (b) the advisory trustees may advise the responsible trustee on any matter relating to the trusts or the estate, but shall not be trustees in respect of the trust; and (c) where any advice or direction is tendered or given by the advisory trustees, the responsible trustee may follow and act on that advice or direction without being liable for anything done or omitted by him by reason of his following that advice or direction; and (d) where the responsible trustee is of opinion that any advice or direction of an advisory trustee conflicts with the trusts or any rule of law, or exposes him to any liability, or is otherwise objectionable, he may apply to the Court for directions in the matter, and any decision and order therein shall be final and shall bind the responsible trustee and the advisory trustee, and the Court may make such order as to costs as appears proper; but nothing in this section makes it necessary for the responsible trustee to apply to the Court for any such directions; and (e) where advisory trustees are not unanimous, and tender to the responsible trustee conflicting advice or directions, the responsible trustee may apply to the Court for directions in like manner and with like effect as provided by paragraph (d). (4) A person dealing with the responsible trustee in relation to any trust property shall not be concerned to inquire as to the concurrence or otherwise of the advisory trustees or be affected by notice of the fact that the advisory trustees have not concurred. (5) Subject to the provisions of the instrument (if any) creating the trust and to any order made by the Court, where remuneration is payable to the trustee of any trust property, remuneration or commission may be paid to both the responsible trustee and the advisory trustees, and subject as aforesaid the amount thereof shall be — (a) as regards the responsible trustee, where the responsible trustee is the Public Trustee, as prescribed under the *Public Trustee Act 1941*; and (b) in any other case, as may be determined by the responsible trustee if he is entitled to fix his own remuneration or by the Court.