Trusts Act 2025
sec.3Application of Act
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sec.3 Application of Act
This Act applies in relation to a trust whether created before or after, or partly before and partly after, the commencement of this Act, except to the extent this Act or another Act provides otherwise. For an example of an Act providing otherwise, see the Land Act 1994 , section 90 . Also, this Act applies despite a contrary intention in any trust instrument, except to the extent this Act provides otherwise. This Act does not prevent a settlor conferring on a trustee any powers additional to or greater than those conferred under this Act. Any additional or greater power conferred on a trustee by a settlor has effect and is exercisable in the same way, and with the same consequences, as a power conferred under this Act. Subsection (4) applies subject to an express contrary intention in the trust instrument. The powers conferred on a trustee under this Act are in addition to the powers conferred on the trustee under any other Act. In this section— trustee includes a person exercising the powers of a trustee under this Act. (sec.3-ssec.1) This Act applies in relation to a trust whether created before or after, or partly before and partly after, the commencement of this Act, except to the extent this Act or another Act provides otherwise. For an example of an Act providing otherwise, see the Land Act 1994 , section 90 . (sec.3-ssec.2) Also, this Act applies despite a contrary intention in any trust instrument, except to the extent this Act provides otherwise. (sec.3-ssec.3) This Act does not prevent a settlor conferring on a trustee any powers additional to or greater than those conferred under this Act. (sec.3-ssec.4) Any additional or greater power conferred on a trustee by a settlor has effect and is exercisable in the same way, and with the same consequences, as a power conferred under this Act. (sec.3-ssec.5) Subsection (4) applies subject to an express contrary intention in the trust instrument. (sec.3-ssec.6) The powers conferred on a trustee under this Act are in addition to the powers conferred on the trustee under any other Act. (sec.3-ssec.7) In this section— trustee includes a person exercising the powers of a trustee under this Act.