QLDIn ForceAct
Trusts Act 1973
sec.70Exoneration of trustees in respect of certain powers of attorney
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### sec.70 Exoneration of trustees in respect of certain powers of attorney
A trustee acting or paying money in good faith in reliance on any power of attorney and on a statutory declaration or other sufficient evidence that the power of attorney had not been revoked shall not be liable for that act or payment by reason of the fact that at the time of the act or payment the person who gave the power of attorney was subject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 the trustee’s so acting or paying.
Nothing in this section affects the right of any person entitled to money paid by a trustee, in circumstances mentioned in subsection (1) , against the person to whom the payment is made; and the person so entitled shall have the same remedy against the person to whom payment is made as the person would have had against the trustee.
(sec.70-ssec.1) A trustee acting or paying money in good faith in reliance on any power of attorney and on a statutory declaration or other sufficient evidence that the power of attorney had not been revoked shall not be liable for that act or payment by reason of the fact that at the time of the act or payment the person who gave the power of attorney was subject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 the trustee’s so acting or paying.
(sec.70-ssec.2) Nothing in this section affects the right of any person entitled to money paid by a trustee, in circumstances mentioned in subsection (1) , against the person to whom the payment is made; and the person so entitled shall have the same remedy against the person to whom payment is made as the person would have had against the trustee.