sec.56Power to delegate trusts

### sec.56 Power to delegate trusts A trustee who for the time being is out of the State or is about to depart therefrom, or who is, or may be about to become, by reason of physical infirmity, temporarily incapable of performing all duties as a trustee may, subject to the provisions of this section, and notwithstanding any rule of law or equity to the contrary, by power of attorney, delegate to any person resident in the State the execution or exercise during the trustee’s absence from the State or during the trustee’s incapacity, as the case may be, of all or any trusts, powers, authorities, and discretions vested in the trustee as such trustee, whether alone or jointly with any other person or persons; but a person being the only other co-trustee and not being a trustee corporation shall not be appointed to be an attorney under this subsection. Where any delegation has under this section been duly made to and accepted by any person and is for the time being in operation, that person has, within the scope of the delegation, the same trusts, powers, authorities, discretions, liabilities, and responsibilities (except the power of delegation conferred by this section) as the person would have if the person were then the trustee. Every trustee shall be liable for the acts and defaults of every such delegate as if they were the trustee’s own acts and defaults. All jurisdictions and powers of any court apply to the donee of a power of attorney given under this section in the same manner, so far as respects the execution of the trust or the administration of the estate to which the power of attorney relates, as if the donee were acting in relation to the trust or estate in the same capacity as the donor of the power. A power of attorney given under this section does not come into operation unless and until the donor is out of the State or is incapable of performing all the donor’s duties as a trustee, and is revoked by the donor’s return or by the donor’s recovery of that capacity, as the case may be. In favour of any person dealing with the donee of a power of attorney given under this section, any act done or instrument executed by the donee, is, notwithstanding that the power has never come into operation or has been revoked, whether by the act of the donor of the power or by operation of law, as valid and effectual as if the power had come into operation and remained unrevoked at the time when the act was done or the instrument executed, unless that person had at that time actual notice that the power had never come into operation or of the revocation of the power. A statutory declaration by the donee of a power of attorney given under this section relating to any trust or estate that the power has come into operation or that in any transaction the donee is acting in the execution of the trust or the administration of the estate, is, in favour of a person dealing with the donee of the power, conclusive evidence of that fact. The fact that it appears from any power of attorney given under this section, or from any evidence required for the purposes of any power of attorney or otherwise, that in any transaction the donee of the power is acting in the execution of a trust shall not affect with notice of the trust any person dealing in good faith with the donee. s 56 amd 1986 No. 26 s 4 (1) sch ; 1994 No. 11 s 194 sch 2 ; 2017 No. 17 s 251 (sec.56-ssec.1) A trustee who for the time being is out of the State or is about to depart therefrom, or who is, or may be about to become, by reason of physical infirmity, temporarily incapable of performing all duties as a trustee may, subject to the provisions of this section, and notwithstanding any rule of law or equity to the contrary, by power of attorney, delegate to any person resident in the State the execution or exercise during the trustee’s absence from the State or during the trustee’s incapacity, as the case may be, of all or any trusts, powers, authorities, and discretions vested in the trustee as such trustee, whether alone or jointly with any other person or persons; but a person being the only other co-trustee and not being a trustee corporation shall not be appointed to be an attorney under this subsection. (sec.56-ssec.2) Where any delegation has under this section been duly made to and accepted by any person and is for the time being in operation, that person has, within the scope of the delegation, the same trusts, powers, authorities, discretions, liabilities, and responsibilities (except the power of delegation conferred by this section) as the person would have if the person were then the trustee. (sec.56-ssec.3) Every trustee shall be liable for the acts and defaults of every such delegate as if they were the trustee’s own acts and defaults. (sec.56-ssec.4) All jurisdictions and powers of any court apply to the donee of a power of attorney given under this section in the same manner, so far as respects the execution of the trust or the administration of the estate to which the power of attorney relates, as if the donee were acting in relation to the trust or estate in the same capacity as the donor of the power. (sec.56-ssec.5) A power of attorney given under this section does not come into operation unless and until the donor is out of the State or is incapable of performing all the donor’s duties as a trustee, and is revoked by the donor’s return or by the donor’s recovery of that capacity, as the case may be. (sec.56-ssec.6) In favour of any person dealing with the donee of a power of attorney given under this section, any act done or instrument executed by the donee, is, notwithstanding that the power has never come into operation or has been revoked, whether by the act of the donor of the power or by operation of law, as valid and effectual as if the power had come into operation and remained unrevoked at the time when the act was done or the instrument executed, unless that person had at that time actual notice that the power had never come into operation or of the revocation of the power. (sec.56-ssec.7) A statutory declaration by the donee of a power of attorney given under this section relating to any trust or estate that the power has come into operation or that in any transaction the donee is acting in the execution of the trust or the administration of the estate, is, in favour of a person dealing with the donee of the power, conclusive evidence of that fact. (sec.56-ssec.8) The fact that it appears from any power of attorney given under this section, or from any evidence required for the purposes of any power of attorney or otherwise, that in any transaction the donee of the power is acting in the execution of a trust shall not affect with notice of the trust any person dealing in good faith with the donee.