QLDIn ForceAct
Trusts Act 2025
sec.36Exercise of trust powers etc. by surviving trustees
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sec.36 Exercise of trust powers etc. by surviving trustees
This section applies if— a power is given to, or a trust is imposed on, 2 or more trustees jointly; and 1 or more of the trustees dies. The surviving trustee or, if there is more than 1 surviving trustee, the surviving trustees may exercise the power or perform the trust, as the case may be. (sec.36-ssec.1) This section applies if— a power is given to, or a trust is imposed on, 2 or more trustees jointly; and 1 or more of the trustees dies. (sec.36-ssec.2) The surviving trustee or, if there is more than 1 surviving trustee, the surviving trustees may exercise the power or perform the trust, as the case may be.
- (a) a power is given to, or a trust is imposed on, 2 or more trustees jointly; and
- (b) 1 or more of the trustees dies.