Trusts Act 2025
sec.105Effect of statutory declaration by delegate
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sec.105 Effect of statutory declaration by delegate
This section applies if a delegate makes a statutory declaration relating to a trust stating that— the delegation of a matter under section 95 has commenced and has not been revoked or otherwise ended, and the circumstances in which the delegation is to operate apply; or in any transaction, the delegate is acting in the administration of the trust. The statutory declaration is, in favour of a person dealing with the delegate, conclusive evidence of the matter stated. (sec.105-ssec.1) This section applies if a delegate makes a statutory declaration relating to a trust stating that— the delegation of a matter under section 95 has commenced and has not been revoked or otherwise ended, and the circumstances in which the delegation is to operate apply; or in any transaction, the delegate is acting in the administration of the trust. (sec.105-ssec.2) The statutory declaration is, in favour of a person dealing with the delegate, conclusive evidence of the matter stated.
- (a) the delegation of a matter under section 95 has commenced and has not been revoked or otherwise ended, and the circumstances in which the delegation is to operate apply; or
- (b) in any transaction, the delegate is acting in the administration of the trust.