Trusts Act 2025
sec.31Particular persons to notify person who was trustee’s delegate
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sec.31 Particular persons to notify person who was trustee’s delegate
This section applies if— a trustee is— replaced under division 2 ; or removed under section 29 or under the trust instrument, without being replaced; or discharged under section 30 ; and when the trustee is replaced, removed or discharged, the relevant person has notice that the trustee had, under section 95 , delegated a matter in relation to the trust. For subsection (1) (b) , it does not matter whether the relevant person has notice of the delegation of the matter because the trustee gave notice to the relevant person under section 99 , or otherwise. The relevant person must give the person to whom the delegation was made written notice that the trustee has been replaced, removed or discharged, as the case may be. In this section— relevant person means— in relation to a trustee who is replaced or removed as mentioned in subsection (1) (a) (i) or (ii) —the person replacing or removing the trustee; or in relation to a trustee who is discharged as mentioned in subsection (1) (a) (iii) —any person whose agreement to the discharge is required under section 30 . (sec.31-ssec.1) This section applies if— a trustee is— replaced under division 2 ; or removed under section 29 or under the trust instrument, without being replaced; or discharged under section 30 ; and when the trustee is replaced, removed or discharged, the relevant person has notice that the trustee had, under section 95 , delegated a matter in relation to the trust. (sec.31-ssec.2) For subsection (1) (b) , it does not matter whether the relevant person has notice of the delegation of the matter because the trustee gave notice to the relevant person under section 99 , or otherwise. (sec.31-ssec.3) The relevant person must give the person to whom the delegation was made written notice that the trustee has been replaced, removed or discharged, as the case may be. (sec.31-ssec.4) In this section— relevant person means— in relation to a trustee who is replaced or removed as mentioned in subsection (1) (a) (i) or (ii) —the person replacing or removing the trustee; or in relation to a trustee who is discharged as mentioned in subsection (1) (a) (iii) —any person whose agreement to the discharge is required under section 30 .
- (a) a trustee is— (i) replaced under division 2 ; or (ii) removed under section 29 or under the trust instrument, without being replaced; or (iii) discharged under section 30 ; and
- (i) replaced under division 2 ; or
- (ii) removed under section 29 or under the trust instrument, without being replaced; or
- (iii) discharged under section 30 ; and
- (b) when the trustee is replaced, removed or discharged, the relevant person has notice that the trustee had, under section 95 , delegated a matter in relation to the trust.
- (i) replaced under division 2 ; or