sec.170Application of division

sec.170 Application of division

This division applies if— a new trustee is appointed under the trust instrument, under this Act or another Act, or otherwise by the court; or a trustee— is replaced or removed, or is discharged under section 30 ; or is under a legal incapacity; or is out of the court’s jurisdiction; or can not be found; or a trustee that is a corporation— stops carrying on business; or becomes a Chapter 5 body corporate; or is deregistered or otherwise ceases to exist; or a trustee, who is directed in writing to do so by a person absolutely entitled to the trust property or to the dividends or income of the trust property, neglects or refuses, within 28 days after the day the trustee is given the direction, to— convey the trust property; or receive the dividends or income of the trust property; or sue for or recover the trust property; or the last continuing trustee of a trust has died and 1 of the following applies— there is no personal representative of the last continuing trustee; the personal representative of the last continuing trustee can not be found; it is uncertain who the personal representative of the last continuing trustee is; or it is uncertain whether the last trustee of a trust known to have been entitled to, or possessed of, any trust property is alive or dead; or in circumstances where 2 or more trustees were jointly entitled to, or possessed of, trust property, it is uncertain who the survivor of the trustees was; or trust property is vested in a trustee and it appears to the court to be expedient to make a vesting order. Also, this division applies if— a person, who is required to do so under a court order, neglects or refuses to— convey any property; or receive the dividends or income of any property; or sue for or recover any property; or a deceased person was entitled to, or possessed of, any property and the deceased person’s personal representative is under a legal incapacity; or any property is subject to a contingent right in an unborn person, or in unborn persons of a class, who, on coming into existence, would become entitled to, or possessed of, the property under a trust; or in a proceeding, the court— directs the sale or mortgage, or the release of a mortgage, of land; or makes an order for the specific performance of a contract concerning land; or a person entitled to, or possessed of, property by way of mortgage is under a legal incapacity. For this section, a trustee is entitled to, or possessed of, trust property even if— the trust property is held jointly with another person; or the trustee is entitled to, or possessed of, the trust property by way of mortgage or otherwise. (sec.170-ssec.1) This division applies if— a new trustee is appointed under the trust instrument, under this Act or another Act, or otherwise by the court; or a trustee— is replaced or removed, or is discharged under section 30 ; or is under a legal incapacity; or is out of the court’s jurisdiction; or can not be found; or a trustee that is a corporation— stops carrying on business; or becomes a Chapter 5 body corporate; or is deregistered or otherwise ceases to exist; or a trustee, who is directed in writing to do so by a person absolutely entitled to the trust property or to the dividends or income of the trust property, neglects or refuses, within 28 days after the day the trustee is given the direction, to— convey the trust property; or receive the dividends or income of the trust property; or sue for or recover the trust property; or the last continuing trustee of a trust has died and 1 of the following applies— there is no personal representative of the last continuing trustee; the personal representative of the last continuing trustee can not be found; it is uncertain who the personal representative of the last continuing trustee is; or it is uncertain whether the last trustee of a trust known to have been entitled to, or possessed of, any trust property is alive or dead; or in circumstances where 2 or more trustees were jointly entitled to, or possessed of, trust property, it is uncertain who the survivor of the trustees was; or trust property is vested in a trustee and it appears to the court to be expedient to make a vesting order. (sec.170-ssec.2) Also, this division applies if— a person, who is required to do so under a court order, neglects or refuses to— convey any property; or receive the dividends or income of any property; or sue for or recover any property; or a deceased person was entitled to, or possessed of, any property and the deceased person’s personal representative is under a legal incapacity; or any property is subject to a contingent right in an unborn person, or in unborn persons of a class, who, on coming into existence, would become entitled to, or possessed of, the property under a trust; or in a proceeding, the court— directs the sale or mortgage, or the release of a mortgage, of land; or makes an order for the specific performance of a contract concerning land; or a person entitled to, or possessed of, property by way of mortgage is under a legal incapacity. (sec.170-ssec.3) For this section, a trustee is entitled to, or possessed of, trust property even if— the trust property is held jointly with another person; or the trustee is entitled to, or possessed of, the trust property by way of mortgage or otherwise.