Trusts Act 2025
sec.151Evidence about vacancy in trust or removal of trustee
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sec.151 Evidence about vacancy in trust or removal of trustee
This section applies in relation to a statement in an instrument, under which a new trustee is appointed or a trustee is removed, about— the circumstances in which the vacancy in the office of trustee arose; or the circumstances in which the trustee was removed. The statement is conclusive evidence of the circumstances in favour of any of the following persons acting in good faith— a subsequent purchaser; a debtor making payment to a new or continuing trustee of the trust; the relevant registrar or another person registering or otherwise recording a dealing with the trust property. Also, the vesting of the trust property on the appointment of the new trustee, or on the removal of the trustee, is as valid in favour of a subsequent purchaser acting in good faith as it would be if the statement were true. (sec.151-ssec.1) This section applies in relation to a statement in an instrument, under which a new trustee is appointed or a trustee is removed, about— the circumstances in which the vacancy in the office of trustee arose; or the circumstances in which the trustee was removed. (sec.151-ssec.2) The statement is conclusive evidence of the circumstances in favour of any of the following persons acting in good faith— a subsequent purchaser; a debtor making payment to a new or continuing trustee of the trust; the relevant registrar or another person registering or otherwise recording a dealing with the trust property. (sec.151-ssec.3) Also, the vesting of the trust property on the appointment of the new trustee, or on the removal of the trustee, is as valid in favour of a subsequent purchaser acting in good faith as it would be if the statement were true.
- (a) the circumstances in which the vacancy in the office of trustee arose; or
- (b) the circumstances in which the trustee was removed.
- (a) a subsequent purchaser;
- (b) a debtor making payment to a new or continuing trustee of the trust;
- (c) the relevant registrar or another person registering or otherwise recording a dealing with the trust property.