sec.236Vesting of trust property and devolution of trusts—death of last continuing trustee before commencement

sec.236 Vesting of trust property and devolution of trusts—death of last continuing trustee before commencement

If, immediately before the commencement, trust property remained vested in the public trustee under the repealed Act, section 16(2), the repealed Act, section 16 continues to apply in relation to the following matters as if this Act had not been enacted— the devolution and vesting of the trust property; the public trustee’s powers, authorities and discretions in relation to the trust property. Despite its repeal, the repealed Act, section 16(6) continues to apply to a person— in whom trust property vested before the commencement under the repealed Act, section 16(2)(b); or in whom trust property vests after the commencement under the repealed Act, section 16(2)(b) as applied by subsection (1). Subsection (4) applies if— before the commencement, trust property was divested from the public trustee under the repealed Act, section 16(2)(a) or (b); or after the commencement, trust property is divested from the public trustee under the repealed Act, section 16(2)(a) or (b) as applied by subsection (1). Despite its repeal, the repealed Act, section 16(7) continues to apply in relation to— the liability of the public trustee in respect of any action taken by the public trustee with regard to the trust property; and any person who, but for paragraph (a), would have had a remedy against the public trustee. (sec.236-ssec.1) If, immediately before the commencement, trust property remained vested in the public trustee under the repealed Act, section 16(2), the repealed Act, section 16 continues to apply in relation to the following matters as if this Act had not been enacted— the devolution and vesting of the trust property; the public trustee’s powers, authorities and discretions in relation to the trust property. (sec.236-ssec.2) Despite its repeal, the repealed Act, section 16(6) continues to apply to a person— in whom trust property vested before the commencement under the repealed Act, section 16(2)(b); or in whom trust property vests after the commencement under the repealed Act, section 16(2)(b) as applied by subsection (1). (sec.236-ssec.3) Subsection (4) applies if— before the commencement, trust property was divested from the public trustee under the repealed Act, section 16(2)(a) or (b); or after the commencement, trust property is divested from the public trustee under the repealed Act, section 16(2)(a) or (b) as applied by subsection (1). (sec.236-ssec.4) Despite its repeal, the repealed Act, section 16(7) continues to apply in relation to— the liability of the public trustee in respect of any action taken by the public trustee with regard to the trust property; and any person who, but for paragraph (a), would have had a remedy against the public trustee.

• (a) the devolution and vesting of the trust property;
• (b) the public trustee’s powers, authorities and discretions in relation to the trust property.